Monthly Archives: June, 2026
Samuel Williams, ‘Trusts: three types of reparative compensation’
ABSTRACT This article examines reparative compensation for breach of trust. Reparative compensation is calculated through the use of counterfactuals. The article claims that distinguishing between three types of reparative compensation brings greater clarity to our thinking: compensation that aims to place the trust estate into the position it would have been but for the breach; […]
Lucas Schneider, ‘A Leaner Way to Lien Personal Property: The Case for Streamlining and Centralizing Judicial Lien Securitization and Perfection on Personal Property’
ABSTRACT The modern practice of law includes increasingly efficient and centralized manners to alert the world of secured interests in assets, yet securing and perfecting judgment liens in personal property remains entrenched in opaque, historic practices. This Article explores several states’ systems, along with real world scenarios, highlighting the problems with these practices, concluding in […]
Beck and Deguire, ‘Toward a Framework for a Law of Electronic Intangibles Liability’
ABSTRACT Products liability law was built for a world of gears, levers, and physical failure. It now confronts a marketplace dominated by software, data, algorithms, and artificial intelligence – objects that do not break, shatter, or wear out, but nevertheless cause real and sometimes catastrophic harm. Courts and commentators increasingly respond to this tension by […]
‘KlimaSeniorinnen and its Progeny: The Beginning of a Stock-Taking’
On 9 April 2024, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered rulings in three climate-change cases, thus becoming the first international court to establish a right to be protected from the effects of climate change. The leading judgment was Verein KlimaSeniorinnen Schweiz and Others v Switzerland; a case brought against […]
Panagiota Kotzaman, ‘Parent liability after Mariana v BHP: control, vigilance, and the need for structural reform’
The MARIANA case On 14 November 2025, the High Court of England and Wales handed down judgment in the largest environmental mass tort in UK history: the group claim by more than 600,000 Brazilian victims of the 2015 collapse of the Fundão tailings dam against the mining giant BHP Group. In Município de Mariana v […]
Evan Piermont, ‘Vague Preferences and Contracts’
ABSTRACT In this paper, I examine decision making in an environment where payoff relevant contingencies are vague, that is neither absolutely true nor absolutely false. In this model, an agent values acts that are predicated on linguistic statements, rather than an exogenous state-space. I axiomatize a class of preferences under which agent’s beliefs about the […]
‘Is Gentrification Always the Enemy?’
Carol N Brown, ‘A Civil Rights Defense of Gentrification’, 97 Temple Law Review 1 (2025). Gentrification occupies an uneasy place in property scholarship. It is often invoked as evidence of property’s distributive failures: market allocation displaces vulnerable residents, concentrates capital, and entrenches inequality. In ‘A Civil Rights Defense of Gentrification’, Professor Carol Brown challenges this […]
Dugal Thomson, ‘Roper v Taylor and the Misnomer of a Comprehensive ACC Social Contract’
ABSTRACT This article seeks to show that understanding the accident compensation scheme as a social contract does not inherently justify universal cover as the Supreme Court claims in Roper v Taylor. This article uses the facts of Roper v Taylor to explore two approaches to understanding the accident compensation scheme. The first relies on community […]
Norman Ho, ‘A Conservative Theory of Property’
ABSTRACT The great majority of property law theorists today subscribe to progressive property theories. These theories view property law mainly as an instrumentalist tool and as a force for battling social inequality and shaping individuals and communities to realize pluralist, diverse moral ideals, ideals such as emphasizing the obligations of property owners to society and […]
Billy Christmas, ‘Against the Public Ownership Conception of Shared Property’
ABSTRACT The Public Ownership Thesis is a Kantian-Rousseavian model of shared property. Its advocates argue that it is a superior model to those that can be derived from Lockeanism insofar as private property and common property cannot realise the distinct values that publicly owned property can. Resources that are sites of shared activities must be […]