Monthly Archives: April, 2026
Adar and Zemach, ‘Reliance as Promise’
ABSTRACT In the face of powerful criticism, the ‘reliance interest’ continues to hold an impactful position in judicial and academic treatment of contract damages. And yet, the theoretical foundation of reliance damages for breach of contract remains unsettled. This Article exposes the inability of the reliance scholarship to coherently explain and justify the widespread judicial […]
‘Tort-inspired musical-comedy plays NYC festivals’
The lawyer-authored musical-comedy Shangri-La-La, a loose adaptation of a civil rights and tort suit against Roy Horn of Las Vegas-famous performing duo Siegfried & Roy, has earned invitation to New York festival performances. I wrote about Shangri-La-La (at Go Fund Me) in September, after I saw the show at the Arlington Draft House in northern […]
Gilboa, Kaplan and Sarel, ‘Unjust Enrichment and Climate Litigation’
ABSTRACT This Chapter explores the use of liability for unjust enrichment as a complementary strategy to tort-based approaches in climate litigation. The Chapter suggests that major fossil fuel extractors are being unjustly enriched at the expense of the public if they profit from depleting the limited resource of the atmospheric carbon budget. The Chapter illustrates […]
Joshua Jowitt, ‘A constitutivist account of legal personality’
ABSTRACT The core claim of constitutivist ethics is that moral principles are necessarily present within the concept of what it means to be an agent. Though recent publications have attempted to apply this claim to issues of contemporary legal theory, there has been no comprehensive attempt to develop an account of legal status grounded in […]
William Marks, ‘AI Fiduciaries and the Law’
ABSTRACT More than a decade ago, Professors Jack Balkin and Jonathan Zittrain proposed treating digital platforms as ‘information fiduciaries’ bound to their users by duties of loyalty, care, and confidentiality. The proposal shaped academic debate but never took hold in law. More recently, Professors Ian Ayres and Balkin have argued that AI systems should be […]
William Garske, ‘The Test for Lawful but Illegitimate Pressure’
ABSTRACT Although the High Court of Australia is yet to recognise a doctrine of lawful act duress, this development appears likely to be only a matter of time. This article looks to the future and seeks to determine the appropriate lens through which cases of lawful act duress should be analysed, considering three models recently […]
Chen, Kutin and Russell, ‘Buy Now Pay Later and Its Intersection with Family Violence: Prevalence and Prevention’
ABSTRACT Buy Now Pay Later (‘BNPL’) has gained traction particularly among young Australians as a smart, interest-free ‘way to pay’. Yet, digitalisation, easy access to credit, and the lack of friction have heightened the risks of financial abuse. Coerced BNPL debt continues to increase, and survivors’ attempts to extricate themselves from such debt are fraught […]
Ayelet Sela, ‘Technologies of Mass Arbitration’
ABSTRACT Mass arbitration has rapidly emerged as a novel, fast-growing, and highly contested development in the contemporary US dispute resolution landscape. Existing scholarship explains its rise through Federal Arbitration Act jurisprudence, claiming economics, and strategic responses to class action waivers. This Article identifies a critical and underexplored fourth driver: technology. It argues that mass arbitration […]
Lorenzo Bairati, ‘Geographical Indications for Agricultural Products’
ABSTRACT Food systems are regulated by a global and hybrid legal framework. In fact, while supranational and international sources play an increasingly important role, private regulators are also becoming more and more involved alongside traditional public policy-makers. Within this context, Geographical Indications (GIs) serve as the main tool in the European Union and beyond to […]
Domenico Di Micco, ‘The Protection of Geographical Indications under Comparative Lens: whether Law artificially creates Scarcity of Goods’
ABSTRACT The economic principles of supply and demand dictate that market prices are contingent on the conditions under which supply and demand converge. Within this theoretical framework, the concepts of scarcity and abundance assume paramount significance. When goods are scarce, prices tend to escalate, while in cases of abundant supply, prices tend to decline. But […]