Monthly Archives: June, 2026
Sam Wise, ‘Analyzing the Legal Enforceability of BDSM Contracts between Sex Workers and Clients’
ABSTRACT Contracts are the common legal solution provided to those entering into agreements who wish to decrease their liability. However, there is a limit to which communities can take advantage of these legal protections. As previously taboo sexual practices like BDSM become more popular, those seeking to engage in the practices may think it reasonable […]
Grzegorz Gluszak, ‘Vesting of property in personal representatives and trustees compared: the core distinction, its doctrinal justification, and practical consequences’
ABSTRACT Personal representatives (executors and administrators) have been treated as and confused with trustees for centuries. While recent cases signify the shift towards recognition of the distinctive nature and functions of the two offices, a great deal of confusion and ambiguity remains. Why are they different? How exactly are they different? Are there clear criteria […]
Schwartz and Sepe, ‘Freedom of Contract at Common Law’
ABSTRACT We defend the common law conception of freedom of contract against criticisms that unregulated contractual freedom permits strong parties to impose unjust terms on weak parties. Common law courts enforce contracts when the parties are informed, competent and free from coercion, and performance of such a contract would not impose costs on nonparties. These […]
‘Collaboration and Cooperation Under Contract Law’
Sarah Dadush, ‘Shared Responsibility in American Contract Law’, Tennessee Law Review (forthcoming), available at SSRN (1 March 2026); Emily J Stolzenberg, ‘Toward a Private Law of Intimates’ Obligations’, 111 Iowa Law Review (forthcoming), available at SSRN (2 February 2026). Under most descriptions, contract law perceives parties as dealing with each other at arm’s length. It […]
Stewart Sterk, ‘Internal Affairs Revisited’
ABSTRACT In the United States, businesses are free to choose where they incorporate. Delaware has long been the most popular choice because of its expert judiciary and well-developed body of corporate law. But in recent years, a number of high-profile businesses have chosen to reincorporate either offshore or in states that purport to be more […]
Jessica Li, ‘Difference-Making Under Metaphysical Indeterminacy’
ABSTRACT Many of the most pressing moral problems we face involve collective harms generated by large numbers of individually insignificant actions. Unlike triggering cases—where a threshold exists such that a single act could be decisive—non-triggering cases lack any such sharp cutoff. In these cases, no individual act appears to make a difference to whether harm […]
Open consultation: ‘A fairer end to relationships’ (UK Ministry of Justice)
This consultation brings together three connected areas of reform affecting families when relationships end. 1. Reforming the law of financial remedies on divorce and dissolution. The Law Commission’s 2024 scoping report identified a lack of certainty and accessibility in the current law. To address this the government invites views on a ‘codification-plus’ model of reform, […]
‘You Didn’t Earn That’
Some workers are paid much more than others. In the United States, many white-collar professionals make several hundred thousand dollars per year, post-tax. That is on the order of ten times what fast food workers, janitors, and home health aides make. Global labor inequality is worse. A product manager at Apple might make thirty times […]
‘Changes in the provision of civil legal aid in England and Wales’
EXECUTIVE SUMMARY …. This report examines how civil legal aid provision in England and Wales has evolved since the introduction of these reforms. While criminal legal aid changed too, that is not the focus of this report. Drawing on Ministry of Justice administrative data and Census-linked information on deprivation, the analysis tracks changes in the […]
‘Copyright implications of super-intelligence’
I haven’t really written about machine consciousness, super-intelligence, or artificial general intelligence (AGI) before; I never felt the need, and some of the questions on AI consciousness are entirely outside of my area of expertise. I have always assumed that some sort of AI consciousness would be achieved in the far future, but not within […]