Monthly Archives: January, 2026
Myriam Gilles, ‘Arbitration In Name Only’
ABSTRACT Modern arbitration clauses hide a dirty secret: many aren’t arbitration at all. They masquerade as mutual commitments to fair and efficient private dispute resolution but, in truth, are mere imitations of genuine arbitration provisions. Some reserve for the drafter the power to amend or terminate the clause at will without notice or consent from […]
Joanna Langille, ‘Theorizing Private Law Beyond the State’
ABSTRACT Dagan and Dorfman’s recent book, Relational Justice, offers a normatively-imbued account of private law at the domestic level. In setting out this account, Dagan and Dorfman consider aspects of private law theory that extend beyond the purely domestic context. This transnational sensibility culminates in Chap 15, which argues for redress for corporate abuses of […]
Gugliuzza and Lemley, ‘Which Patent Case Matters Most?’
ABSTRACT We study how often Supreme Court patent cases are cited in law review articles, and compare our findings to our prior work that discussed how often the same cases are cited in Federal Circuit opinions. We find quite a few similarities, but also some important differences. Scholars pay more attention to doctrines that apply […]
Utkarsh Tiwari, ‘Price Dominance Doctrine: Reclaiming the Doctrine of Offer in Modern Contract Law’
ABSTRACT This paper proposes a necessary evolution of the doctrine of invitation to offer in contract law, as established in Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953), in response to contemporary commercial practices. It argues that modern pricing mechanisms in both offline and digital commerce frequently operate as dominant inducements rather than […]
Gregory Keating, ‘Book Review, Wrongs, Harms and Compensation: Paying for Our Mistakes, by Adam Slavny’
ABSTRACT Most contemporary tort theory tries to show that the theory being proposed makes sense of the law of torts. So doing supposedly shows both that the theory to be an attractive account of tort law and that tort law is normatively sound. Professor Slavny forthrightly rejects this approach in his book, condemning its orientation […]
Sophie Stalla-Bourdillon, ‘Identifiability, as a Data Risk: Is a Uniform Approach to Anonymisation About to Emerge in the EU?’
ABSTRACT The concept of identifiability remains a foundational yet contentious criterion in European Union (EU) data protection law. Similarly, anonymisation has sparked intense debate. This paper examines recent developments that have shaped the EU’s approaches to identifiability and anonymisation, including trends in the Court of Justice of the European Union (CJEU) case law, national supervisory […]
Thi Nha Nam Bach, ‘Reforming the Duty of Disclosure: The Emerging Shift Towards Consumer Protection in Contemporary Insurance Law’
ABSTRACT This article examines the evolution of insurance contract law reforms, focusing on the shift towards a more policyholder-friendly approach to disclosure duties in some Civil Law and Common Law countries. Traditionally, insurance law favoured insurers, but recent reforms have increasingly prioritised consumer protection by adopting inquiry-based disclosure and restricting insurers’ rights to void contracts […]
‘What a difference a century makes: academic lawyers in the courtroom’
The issue the UK Supreme Court had to decide in Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10; [2025] 2 WLR 529 was undoubtedly an important one. It concerned the scope of the so-called profit rule as it applies to trustees and other fiduciaries such as company directors. In the words of the Court, […]
Crescente Molina, ‘Wrongs and Rights Come Apart, by Nicolas Cornell’
Wrongs and Rights Come Apart, by Nicolas Cornell. Cambridge, MA: Harvard University Press, 2025. Pp xii + 291. In Wrongs and Rights Come Apart, Nicolas Cornell argues against what he claims is a widespread thesis in normative theory: that committing a moral wrong against someone (or simply ‘wronging’ them) necessarily amounts to violating their rights. […]
Hartzog and Solove, ‘Privacy as Contract?’
ABSTRACT Nearly everything people buy, every service they use, every account they create, and even every website they visit involves the collection, use, and transfer of personal data – a matter that is ostensibly governed by privacy notices (also called ‘privacy policies’). Privacy notices are the foundation of privacy regulation; most privacy laws rely on […]