Monthly Archives: February, 2026
Natasya Yunita Sugiastuti and others, ‘Application of the Contra Proferentem Rule in Business Contract Interpretation: Lessons Learnt from Singapore Court Decisions’
ABSTRACT Ambiguity in contractual clauses is a frequent source of disputes and provides the basis for applying the contra proferentem principle under Article 1349 of the Indonesian Civil Code. However, Indonesian contract law lacks an adequate methodological framework to determine when a clause should be classified as ambiguous, resulting in the risk that contra proferentem […]
Omer Pelled, ‘Concealed Third-Party Litigation Funding’
ABSTRACT Litigation entails substantial expenses, such as attorney fees and payment to experts. Third-party litigation funding aids individuals and enterprises who lack the financial means to pursue legal action by providing financial support to cover these expenses in return for a portion of the gains. The current literature focuses on direct, for-profit funding. This Article […]
Frischmann and Rajtmajer, ‘Defending Consent in Privacy Law’
ABSTRACT The moral magic of consent in privacy law is pure illusion. Existing consent mechanisms transform legal and social relationships without requiring actual consent. Our surveillance-based economy is thus built upon countless legal lies. Privacy scholars lament this state of affairs. They acknowledge that consent is illusory and broken. Some argue it should be abandoned […]
Nancy Kim, ‘Consent and Dispute Resolution Clauses’
ABSTRACT Dispute resolution provisions are routinely found in the boilerplate section of all types of contracts, ranging from negotiated paper agreements to website Terms of Service. The law permits the parties to a contract to change the default rules that would otherwise govern their transaction, including how any disputes will be resolved. The ability of […]
Call for Papers: ‘Crossing Intellectual Boundaries in English Legal History’: Christ Church, Oxford, 10-11 September 2026
A workshop in English Legal History will take place in Christ Church, Oxford on 10 and 11 September 2026. The organisers, Ciara Kennefick and Ian Williams, invite proposals for papers which address in whole or in part the theme of Crossing Intellectual Boundaries in English Legal History. The organisers aim to advance the interdisciplinary study […]
‘Damages, Doctrine, and the Remedial Life of Forum Selection Clauses’
John Coyle and Tanya Monestier, ‘Limits on Damages for Breach of a Forum Selection Clause’ (25 September 25, 2025), available at SSRN. Forum selection clauses are so familiar that they rarely invite fresh questions. Courts mostly enforce them after lawyers litigate motions to dismiss or transfer, and the parties move on. One remedial question, however, […]
Dagan and Heller, ‘The Autonomy Default Paradigm in Contract Law’
ABSTRACT You can scribble an agreement on a napkin or hire lawyers to negotiate a hundred-page contract. Either way, most of your contractual obligations will not be in your document. They will be in the background rules contract law applies absent your express agreement. Justifying these defaults is a core task of contract theory; getting […]
David Atkinson, ‘Unfair Learning: GenAI Exceptionalism and Copyright Law’
ABSTRACT This paper examines the claim that generative artificial intelligence (GenAI) should be exempt from copyright law when reproducing copyrighted works without authorization, based on a fair use defense. It examines fair use legal arguments and eight distinct substantive arguments, contending that every legal and substantive argument favoring fair use for GenAI applies equally, if […]
Mannan and De Filippi, ‘The Fiduciary Duties of Network Participants of Blockchain Systems’
ABSTRACT As blockchain technologies and cryptocurrencies transition from experimental niches to critical infrastructure, their social and economic impacts have sparked intense regulatory and judicial scrutiny. Central to this debate is the legal classification of network participants – including developers, founders, and governance token-holders – and the extent of their legal obligations to the public and […]
Emily Stolzenberg, ‘Toward a Private Law of Intimates’ Obligations’
ABSTRACT When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose – even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the […]