Monthly Archives: April, 2026
Russell Opland, ‘The Right to Be Forgotten in New Zealand Business: An Empirical Survey of Corporate Privacy Practices’
ABSTRACT This paper examines the absence of a Right to Be Forgotten (RTBF) in New Zealand law, combining doctrinal analysis with original empirical research. It opens with a comparative case study of a single New Zealand company – Profile Technology Ltd – whose data practices were investigated by regulators in both New Zealand and Canada, […]
Seth Drewien, ‘Actual Causation in Overdetermined Harm: A Structural Framework for the Cases the But-For Test Cannot Solve’
ABSTRACT The but-for test for actual causation in tort law fails in a well-documented and practically significant class of cases: those involving overdetermination, where multiple sufficient causes operate simultaneously, and preemption, where one sufficient cause overtakes another before it operates. Courts have responded with two doctrines – the substantial factor test and market share liability […]
Robert Stevens, ‘Private Law and Statute’
ABSTRACT A paper on the relationship between legislation and private law in the common law world. Lists seven common problems with legislative reform of private law doctrine. Stevens, Robert, Private Law and Statute (December 25, 2015).
Stuart Babcock, ‘Private Functional Wildlife Trusts’
ABSTRACT Public wildlife law is clear: wild animals exist and are managed for the public writ large. This is a mistake. Wild animals are beings of moral concern; their lives can be good or bad, better or worse, and they should be treated accordingly. This article explores a novel legal instrument which can account for […]
Yuval Feldman, ‘Can Corporations Be Trusted? Voluntary Compliance and the Limits of Non-Coercive Business Regulation’
ABSTRACT This Article extends the voluntary compliance framework developed in ‘Can the Public Be Trusted? The Promise and Perils of Voluntary Compliance’ to the corporate context. While recent scholarship has explored when states can rely on non-coercive regulatory approaches with individual citizens, comparatively little attention has been paid to whether these insights translate to business […]
Giulia Priora, ‘Questioning the legality of personal data retention for the purpose of online copyright enforcement in the EU’
ABSTRACT The European Union (EU)’s legal stance on data retention for law enforcement purposes has recently shifted from one of strict exceptionality to a broader acceptance. Landmark rulings by the Court of Justice of the European Union (CJEU) in Bezirkshauptmannschaft Landeck and La Quadrature du Net II mark a turning point, unprecedentedly allowing Member States […]
Emmanuel Kolawole Oke, ‘Building on Campbell to develop a new tort of publicity rights in England for the AI age’
ABSTRACT In Rihanna, the Court of Appeal restated the longstanding view of English courts that there is no ‘image right’ or ‘character right’ in English law. However, in Irvine, which was decided before Campbell, although the claimant was able to successfully rely on passing off to protect his image, Justice Laddie was willing to explore […]
Juliet-Nil Uraz, ‘Justice Under Austerity: The Impacts of Reduced Access to Legal Assistance in England and Wales’
ABSTRACT In 2013, England and Wales implemented a legal aid reform that sharply reduced public funding for civil legal assistance, eliminating early-stage support and restricting aid to lastresort, courtroom interventions. This paper examines the broader socioeconomic and public health consequences, focusing on vulnerable households facing housing, debt, and welfare disputes. Using panel data from 2009-2023 […]
Petra Weingerl, ‘The notion of consumer in EU law: between traditional concepts and digital realities’
ABSTRACT The digital market poses significant challenges to the traditional conception of EU consumer law. This article adopts a foundational perspective, focusing on the core question underlying the consumer-law framework: who is the consumer worthy of protection? In traditional consumer transactions, the binary distinction between ‘consumer’ and ‘trader’ has generally been clear. In digital markets, […]
Andrew Ritchie, ‘Dishonesty and exaggeration: is there a middle way to deal with this conduct in PI and clinical negligence claims?’
INTRODUCTION Fraud comes in many forms in PI and clin neg cases. For RTA claims, motor insurers have given evidence to the House of Commons Transport Select Committee that they estimate £2 billion pa is lost to fraud each year. In 2006 an Insurance Fraud Bureau (IFB) was established to fight fraud by combining and […]