Monthly Archives: February, 2026
Barnett and Barnett, ‘“Equity’s Darling” and the Burwood Ejectment Case: A Turning Point in Colonial Australian Law’
ABSTRACT The Burwood Ejectment case arose when the ad hoc executor and trustee of a will in early colonial Sydney sold off Burwood Estate to meet the testator’s debts, after receiving a court order empowering him to do so. Twenty years later, the testator’s de facto wife and children successfully voided the sale. The purchaser […]
‘Leveraging Trust Law to Protect Child Influencers’
Naomi Cahn, ‘Trusting Remedies for the Child Influencer Space: Blocked Trust Accounts and Child Beneficiaries’, 17 Drexel Law Review 971 (2025). Professor Naomi Cahn’s recent article, ‘Trusting Remedies for the Child Influencer Space: Blocked Trust Accounts and Child Beneficiaries’, exists at the intersection of centuries-old legal doctrine and the technology-based influencer economy. The family influencer, […]
John Murphy, ‘The Nature and Scope of Liability for Procuring the Commission of a Tort’
ABSTRACT It has long since been accepted that where a defendant induces a primary wrongdoer to commit a tort against a claimant, the procurer may be held liable for the losses and harm thereby caused. Typically, the existence of such liability has been asserted rather than rigorously demonstrated both by judges and jurists. And while […]
John Rimmer, ‘“Who then is my child?”’
ABSTRACT It is easy to make assumptions about who is, and who is not, the ‘child’ of an individual. In the past, the main question was whether someone was the legitimate child of another. As society and technology have changed, the meaning of ‘child’ has changed to accommodate such matters as adoption, IVF, surrogacy, and […]
Buccola and Robertson, ‘Price Drop Damages’
ABSTRACT Assessing damages is often hard. When a reference asset–like stock–that is affected by misconduct trades in a liquid market, there is an appealing shortcut: price drop damages. The logic is simple: a court can leverage the fact that the price of this asset will reflect the consensus view among market participants of harm caused […]
Custers, Lahmann and Scott, ‘From liability gaps to liability overlaps: shared responsibilities and fiduciary duties in AI and other complex technologies’
ABSTRACT Complex technologies such as Artificial Intelligence (AI) can cause harm, raising the question of who is liable for the harm caused. Research has identified multiple liability gaps (ie, unsatisfactory outcomes when applying existing liability rules) in legal frameworks. In this paper, the concepts of shared responsibilities and fiduciary duties are explored as avenues to […]
‘Private Standards as Swords and Shields for Autonomous Vehicles’
Gary E Marchant, ‘Swords and Shields: Impact of Private Standards for Liability Determinations of Autonomous Vehicles’, 18 Journal of Tort Law 311 (2025). What happens when a self-driving car kills someone and there is no human driver to blame, no detailed public regulation to point to, and a jury that has never heard of ISO […]
Mark Pawlowski, ‘A critique of the rule in Clayton’s Case’
ABSTRACT Under the so-called rule in Clayton’s case (Devaynes v Noble, Baring v Noble (1816) 1 Mer 572; 35 ER 767), where a trustee mixes the funds of two separate trusts, or an innocent volunteer mixes trust money with his own money, in an active (running) bank account, withdrawals out of the account are presumed […]
Sarah Dadush, ‘Shared Responsibility In American Contract Law’
ABSTRACT At first, the notion that there is such a thing as shared responsibility in American contract law may sound fanciful, if not absurd. A key reason why parties contract in the first place is to allocate risks and responsibilities between them to clarify who must do what to move the collaboration forward. As such, […]
Edith Beerdsen, ‘Gamesmanship in Civil Litigation’
ABSTRACT In civil litigation, strategy is everywhere. Some of it is explicitly envisioned by rules of procedure, but other forms of strategy rely more on clever exploitation of gaps in the rules, sometimes through trickery, surprise, or psychological mind games. The role strategy plays in civil litigation is underexamined, which raises two concerns: first, this […]