Monthly Archives: June, 2026
Steel and Williams, ‘Constructing the No Breach Counterfactual: The Preclusionary Rule’
ABSTRACT When compensation is claimed for breach of a private law duty, it is typically quantified by reference to a counterfactual in which the defendant did not commit the breach. The ‘preclusionary rule’, as we will call it, is relevant to the construction of this counterfactual. This rule sometimes prevents parties from populating the counterfactual […]
Calum MacLaren, ‘Common and civil law approaches to tort-based corporate climate litigation: A comparative case law review’
ABSTRACT As corporate climate litigation intensifies globally, litigants consistently encounter the same procedural and substantive hurdles: duty of care, standing and causation. Success in navigating these hurdles has been sporadic, and most existing inquiry has sought to understand these trends according to geographical or case-type lenses. This article proposes a different framework, contending that grouping […]
Philippa Collins, ‘The Law of Unfair Dismissal and the Employment Rights Act 2025: An Opportunity Missed?’
ABSTRACT The right not to be unfairly dismissed has been a remarkably constant force in employment law since its introduction over 50 years ago. Unfair dismissal law was therefore overdue for some attention when the incoming Government was planning a major overhaul of employment rights, described as the ‘biggest single upgrade of employment rights in […]
I Bennett Capers, ‘We, The Watchers’
ABSTRACT A man’s home is his castle, the expression goes. It is a place where he can retreat from intrusion or prying eyes, including from the state, at least without a warrant or extenuating circumstances. At least this is what we tell ourselves. This Essay shows the falsity of this belief. A man’s home may […]
Felipe Jiménez, ‘Against Deregulation’
INTRODUCTION In ‘Deregulating Contracts’, Alan Schwartz and Simone Sepe have made an important and ambitious contribution to contract theory. In their view, we have been way too conformist about contract law. Their argument is that both welfarist and deontological considerations suggest our law of contracts should be radically reformed. More specifically, they argue that contract […]
Jütte and Ryszkowska, ‘European Parliament and House of Lords publish reports on AI and copyright: policy directions for artificial intelligence and copyright in the EU and the UK’
INTRODUCTION In early March 2026, the European Parliament (EP) and the UK House of Lords (HoL) both adopted reports on copyright and artificial intelligence (AI). In a period when courts around the world grapple with elementary questions of unlicensed AI training and infringements by generative AI systems, the reports suggest ways forward to reconcile the […]
Tamar Zarandia, ‘Europeanisation of Georgian Private Law: Legal Reform and Future Development Through the Lens of Property Law Reception’
ABSTRACT This article examines the historical foundations, conceptual evolution, and contemporary development of Georgian private law through the lens of legal reception, focusing on property law. It begins by tracing the formation of Georgian legal culture, shaped over centuries by Byzantine, Eastern, and later Russian influences, and highlights the creative codification tradition exemplified in the […]
Gregory Klass, ‘Voluntary Legal Obligations: From Contract to Cohabitation’
ABSTRACT Although cohabitants often live together in ways indistinguishable from those who are married, the law treats them differently than it does spouses. In Toward a Private Law of Intimates’ Obligations, Emily Stolzenberg asks why, identifies the need for reform, and brings the law of cohabitation into conversation with recent work in private law theory. […]
Lyne and Parr, ‘“To whom it may concern”: messy and imperfect handwritten declarations, the three certainties and construing settlor language in Fraser and Another v Ashdown [2025] GRC 057′
ABSTRACT In Fraser and Another v Ashdown [2025] GRC 057, the Royal Court of Guernsey considered whether a handwritten note amounted to an immediately effective declaration of trust by the settlor over his shares in a company. Holding that it did, the Court granted declaratory relief that 50% of the shares were held on the […]
Jean-Michel Servet, ‘The Barter Myth and the Conceptual Foundations of Economic Modernity’
ABSTRACT The barter myth – the claim that money emerged from a prior system of direct exchange – occupies a foundational place in modern economic thought. While standard critiques of the barter myth emphasize its lack of empirical support, this article advances a more capacious approach that situates the myth within the conceptual formation of […]