Monthly Archives: June, 2026
Terry Skolnik, ‘Encampments and Property Law’
ABSTRACT Although encampments have become increasingly common, they remain under-theorized, especially in the field of property law. Homeless encampments are ubiquitous in many cities. Social movements – such as Occupy Wall Street, the Freedom Convoy Movement, and college campus protests related to the war in Gaza – involve encampments that aim to catalyze social change. […]
Carl Bogus, ‘Why New York Times v Sullivan Must Be Preserved’
ABSTRACT New York Times v Sullivan is under siege. Supreme Court justices and eminent members of the legal academy argue that its core holding – that public figures must prove actual malice by clear and convincing evidence, and that courts must evaluate the evidence to determine whether it is sufficient to support that finding – […]
Marija Bartl, ‘Between “Is” and “Ought”: Realizing Relational Justice in Private Law’
ABSTRACT In this article, I argue that a reconstructive theory of private law, such as that of Dagan and Dorfman’s, ought to more explicitly engage with the process of reconstruction itself. I try to anticipate such a path of inquiry by questioning ‘what’, ‘who’ and ‘how’ is being reconstructed in their relational justice theory of […]
Nadav Shoked, ‘Property Law’s Search for a Public’
ABSTRACT Public spaces – streets, sidewalks, parks, plazas, squares, and the like – form a major component of the physical environment. Therefore, disputes over the use and management of these spaces abound. Courts analyze each such dispute individually through the prism of the discrete property law doctrine that appears applicable. The result is a hodgepodge […]
Nadav Shoked, ‘American Courts’ Image of a Tenant’
ABSTRACT What is the core of current American residential landlord-tenant law, and how was that core formed? This Essay argues that in the past few decades courts have settled on a two-pronged landlord–tenant law regime. The law provides tenants with assurances respecting the quality of the units they rent. It does not, conversely, provide them […]
Raul Madden, ‘Get rich or die trusting: teaching trusts in an age of inequality’
ABSTRACT This article proposes to centre economic inequality when introducing trusts to law students. The subject is reputedly tedious and gruelling. This can only be compounded, as economic inequality intensifies, by the experiential distance between underprivileged students and the world of trusts. Yet their career prospects, and potential contributions to reducing inequality, can benefit from […]
‘How Does and Should Tort Liability Affect High-Consequence Life Sciences Research?’
Life sciences research has vastly improved the human condition by curing diseases and reducing harm from a wide variety of human ailments. But it could also cause grave harm, either by accident or deliberate misuse by insiders or third parties. Tort liability is one tool that policymakers can use to create incentives to reduce the […]
Nadia Rusinova, ‘From tort to family law: compensation for cross-border child abduction’
ABSTRACT This article explores the emerging field of intra-family torts, with a particular focus on cross-border child abduction and the law applicable to compensation claims. It traces the historical reluctance of courts to recognise civil liability within families, the erosion of spousal and parental immunities, and the gradual acceptance of claims for serious wrongs between […]
Michael Bryan, ‘Restoring trust in the trust: equity and the morality of trusting’
ABSTRACT This article reviews Roger Cotterrell’s landmark paper, ‘Trusting in Law: Legal and Moral Concepts of Trust’. That paper identified a shift from a moral conception of trusteeship based on the notion of a settlor reposing personal trust in a trustee, to an amoral systems-based conception of trusteeship, in which personal entrustment is largely absent. […]
Christian Koboldt, ‘Copyright and Artificial Intelligence: The Importance of Memorisation and Attribution’
ABSTRACT The intersection of copyright law and artificial intelligence raises fundamental questions about the optimal scope and form of intellectual property protection in a world of generative AI. Drawing on the economics of information goods, the technical literature on memorisation in large language models, and a comparative analysis of recent legal developments across Germany, the […]