Monthly Archives: February, 2026
Yasin Alperen Karaşahin, ‘Wedding gifts in Turkish law’
ABSTRACT In Turkish weddings, the gifts usually consist of golden items that are liquid assets and can have a substantial value. Until recently, it was the constant case law of the Turkish Court of Cassation that they were owned by the woman regardless of who gave it to whom. This case law, which could be […]
David Erdos, ‘Post-GDPR Regulatory Enforcement of UK Data Protection: Reality, Scrutiny, Oversight and Future’
ABSTRACT The General Data Protection Regulation and associated legal reforms in 2018 promised strong regulatory enforcement secured primarily through comprehensive and dissuasive fines. Although this law has largely continued post-Brexit, UK regulatory realities are starkly – and generally increasingly – different. Despite receiving a yearly average of nearly 40,000 complaints alleging data protection infringement, the […]
Coyle, Dodge and Simowitz, ‘Choice of Law in the American Courts in 2025: Thirty-Ninth Annual Survey’
ABSTRACT This is the Thirty-Ninth Annual Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws. It is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States. Its purpose remains […]
Samuel Bray, ‘How Equity Changes’
ABSTRACT In Trump v CASA, the Supreme Court decisively rejected universal injunctions and offered a major decision about the law of equity. This Article grapples with a central question raised by CASA: if equity is not static, then what counts as legitimate innovation? This Article argues (1) that equity, in order to perform its functions, […]
Martha Ertman, ‘Do-It-Yourself Reparations’
ABSTRACT The magnitude of harms like white supremacy makes it difficult to precisely identify losses, let alone remedy them. Piecemeal approaches are essential, and private efforts may be the only option when public law and cultural norms deny or perpetuate the harms. This Article addresses one racial harm, the 10:1 racial wealth gap between white […]
‘Strict liability for abuse committed by non-employees: the AA case’
The High Court of Australia handed down a significant decision last week in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2 (11 Feb 2026). The decision expands the strict liability of churches and other organisations undertaking the care of children, by finding that an institution owes […]
Steven Shavell, ‘Settlement of Litigation May Increase or Decrease Deterrence and Social Welfare’
ABSTRACT Although the obvious effect of settlement is to save litigants the costs of trial, settlement also influences deterrence – and for two reasons. First, because settlement is agreed upon by plaintiffs, it raises their expected return from litigation and thus the probability of suit. This augments deterrence. Second, because settlement is agreed upon by […]
Caro, Gillis and Nelson, ‘Differential validity in fair lending’
ABSTRACT Fair lending’s disparate impact doctrine aims to address lending disparities. But which disparities? Traditional fair lending has narrowly focused on equal outcomes – examining differences in loan approval rates or interest rates. However, this singular focus overlooks other dimensions of disparities that are essential for fair credit access. This article challenges the conventional emphasis […]
Stephen Bero, ‘On the Possibility and the Form of Acquired Rights to External Things’
ABSTRACT In the third chapter of his book, Reciprocal Freedom, Ernest Weinrib lucidly lays out a Kantian conception of ownership, and deftly lays to rest a series of questions to which that conception might be thought to give rise. Here I explore two issues lying at the root of the Kantian account of ownership as […]
Aggarwal and Feibelman, ‘Defining the Field of Law and Macroeconomics: A Framework from International Monetary Law’
ABSTRACT This Article proposes an analytical framework for defining the contours of the emerging field of law and macroeconomics drawing on the International Monetary Fund’s principle of ‘macro-criticality’. Such a framework can help steer scholarly debate toward a clearer understanding of the relationship between law and the economy and inform policymaking within that domain. In […]