Monthly Archives: June, 2026
Michael Foran, ‘Single Sex Spaces in the Workplace Following For Women Scotland’
ABSTRACT In April 2025, the Supreme Court delivered judgment in For Women Scotland v The Scottish Ministers. The decision restated foundational principles of equality law, provided an overview of the fundamentals of statutory interpretation, and reaffirmed the importance of both sex and gender reassignment as protected characteristics within the Equality Act 2010 (EA 2010). The […]
Jodi Gardner, ‘Private Law and the Social Minimum’
ABSTRACT Unlike some areas of law, such as family and human rights law, it is often stated that private law should not care about the resources of the parties or consequences of the court’s decisions on their financial welfare. For example, in the arena of remedies private law is notoriously unconcerned with the impact of […]
‘Who Wants What?’
John Morley and Yair Listokin, ‘What Should You Owe Your Ex? A Survey of Attitudes About the Law of Married and Cohabiting Relationships’ (14 March 2026) (unpublished manuscript), available at SSRN. Law has mostly dealt with unmarried couples by adopting a wait-and-see approach. Rather than states passing legislation ex ante, courts address issues that arise […]
James Macleod, ‘Intuitions in Tort Law and Theory’
ABSTRACT This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes […]
Dana Roemling, ‘Statutory Interpretation and Corpus Evidence: Tensions Between Linguistic Reality and Legal Meaning’
ABSTRACT This paper examines how linguistic meaning interacts with legal interpretation for the statutory term child, focusing on the 2013 Alabama Supreme Court case Ex parte Ankrom. In that case, the court held that child includes unborn individuals under chemical endangerment laws, a decision that raises important questions about how ordinary meaning is established. Using […]
Jonathan Hardman, ‘Tensions in Corporate Contractarianism: Rhetoric Rather than Logic’
ABSTRACT The dominant conceptual approach in Anglo-American corporate law literature is to represent the company as a series of voluntary bilateral arrangements. Under such a contractarian approach, the role for company law is to facilitate private bargaining and transactions. This representation is far from uncontroversial, and is frequently challenged on both descriptive grounds (that it […]
Margarida Lima Rego, ‘Bidding Farewell to Good Family Fathers: Advancing the Role of Private Law in the Promotion of Just and Inclusive Societies’
ABSTRACT This paper examines the use of the expression bonus pater familias in the Portuguese law of obligations as a reference to the standard of care applicable to the performance of a contractual obligation. The paper acknowledges the law’s harmful effects in perpetuating discriminatory gender stereotypes. However, its main goal is to look beyond that, […]
Chris Dent, ‘Governmentality and the Common Law: Expansion of “Mind” 1835-1885’
ABSTRACT The nineteenth century saw significant changes in how the law articulated the assessment of those who came before the courts. The judges made greater, and more refined, use of the concept of the mind as a way to refer to the internal lives of the parties. Using a Foucauldian lens, judgments from the sub-disciplines […]
ACL Davies, ‘Zero-hours work in the Employment Rights Act 2025’
INTRODUCTION The term ‘zero hours’ is generally used to describe a form of work in which the employer does not guarantee the worker any particular amount of work, or any work at all. This enables the employer to tailor the supply of labour very precisely to its needs. For example, if the workplace is getting […]