Monthly Archives: March, 2026
Peter Devonshire, ‘The disgorgement of gains by an accessory to a breach of fiduciary duty’
INTRODUCTION Fiduciary duties are strictly enforced through a suite of equitable remedies, including an account of profits. The liability of third parties who participate in a breach of these duties is more ambivalent, not least because there is no direct relationship between the wronged party and the wrongdoer. It is uncontroversial that third parties are […]
Clare Ryan, ‘The Public/Private Home’
ABSTRACT Families today are more private and more public than traditional family law doctrine ever envisioned. This Article reveals how many elements of family life, which the law often assumes will occur in public – work, school, social life – have moved into the private sphere of the home. While at the same time, private […]
Gary Hunt, ‘Property, Power, and the Corporate Form: A Hybrid Theory of UK Company Law’
ABSTRACT This article reconstructs the theoretical foundations of UK company law through a hybrid framework integrating property theory, agency theory, managerialism, and the political economy of the ownership society. It argues that the corporate form is best understood as a property-structured governance architecture in which the company holds title to assets, directors exercise control as […]
Nadav Shoked, ‘The Duty to Maintain’
ABSTRACT Property is closely associated with freedom. Following the demise of the feudal property system, property ownership in Anglo-American law came to imply an individual’s freedom to act as she pleases on her land. For their part, modern property theories – whether right-based, utilitarian, or relational – employ the normative value of freedom to justify […]
Mark Aronson, ‘Compensating for Vaccine Damage: Lessons from Covid-19’
ABSTRACT Australia’s vaccination program was critical to the government’s response to the recent COVID-19 pandemic. Thousands of lives were saved. Ironically, however, the ranks of vaccine hesitants have swollen dramatically, not just for the covid vaccines, but for formerly routine vaccinations against, for example, measles. Vaccines can never be entirely risk-free, and it is often […]
Kramer and Dori, ‘Civil justice in the European Union’
ABSTRACT Civil procedure laws differ substantially among Member States of the European Union (EU) but over the past few decades Member States’ civil procedure systems have been increasingly influenced by EU law. The creation of an EU area of justice and an extended legislative competence as regards judicial cooperation have resulted in an expanding legislative […]
Ryan Nelson, ‘Pre-Arbitral Red Tape’
ABSTRACT While legal scholars debate the merits of mandatory arbitration, a more insidious barrier to justice has quietly proliferated beneath their radar. I call that barrier ‘pre-arbitral red tape’ – that is, procedural condition precedents to initiating arbitration in a pre-dispute agreement between a consumer and a business or between a worker and an employer. […]
Dennis Crouch, ‘Intitled to Tie Him Up: Can 18th-Century Chancery Practice Restore Patent Injunctions?’
ABSTRACT In Collision Communications v Samsung Electronics, the patentee advances an originalist equity argument that 18th-century Chancery practice mandates a presumption of irreparable harm for ongoing patent infringement, potentially reversing two decades of post-eBay precedent limiting injunctions for non-practicing entities. The argument draws on Trump v CASA‘s holding that federal equity encompasses only remedies traditionally […]
Adam Hofri-Winogradow, ‘Should Trusts Be Legal Persons?’
ABSTRACT Common law trusts, both donative and commercial, are relationships, not legal persons, for trusts law purposes. Still, they are often treated as if they were legal persons, both for private law purposes and other purposes, including tax and standing. Some trusts are in practice structured so as to emulate corporations, as in the appointment […]
Schmidt and Funk, ‘The Equity Docket’
ABSTRACT The Supreme Court has two sides. On its ordinary docket, the Court answers questions of law after briefing and oral argument. On its extraordinary docket, the Court fields applications from litigants asking it to equitably set the status of a new law or executive action while a lawsuit is pending. Only a decade ago, […]