Monthly Archives: June, 2026
Dorota Wiśniewska, ‘Transformation of Property Relations in the Kingdom of Poland: Pre-Factory Private Property’
ABSTRACT This study delves into the socio-economic landscape of the Kingdom of Poland subsequent to its establishment in 1815 under the auspices of the Congress of Vienna, during which the Napoleonic Code of 1804 prevailed. Despite the legal framework, disparities persisted in property relations, wherein feudal ownership retained practical significance. Over time, societal and economic […]
Michael Birnhack, ‘Colonial Patents: Industrial Property Law and Nationality in Mandate Palestine’
ABSTRACT This Article offers the first historical analysis of patent law in British Mandate Palestine (1917-1948), examining 4,395 patent applications through a reconstructed registry and archival sources. It develops Colonial Patents as a framework for analysing legal transplantation in colonial contexts. The analysis reveals Britain’s hybrid imperial patent policy: rejecting empire-wide unification while creating preferential […]
Luke Taylor, ‘Diffusion and Confusion: Marriage Law in Colonial New South Wales, 1788-1861’
ABSTRACT This article considers the fragmented and contested law and practice of marriage in colonial NSW. The first part first addresses marriage law, both in a positivist sense, and in the sense of what people believed the law was. Countering recent revisionist work, it argues that many people in New South Wales believed, however wrongly, […]
Travis Gilly, ‘Phantom Consent: Formation Failure, Inaccessible Interfaces, and the Collapse of the Clickwrap Shield’
ABSTRACT Every consumer platform on the internet sits behind the same front door: a wall of terms presented through an interface engineered to be clicked rather than read, followed by an Accept button. Courts enforce what happens at that door under an objective theory of assent that asks whether a reasonably prudent offeree would have […]
Jeremy Hui Jing, ‘Self-Determination, Relational Justice and Trusts Law’
ABSTRACT Research on trusts law has traditionally focused on doctrinal analysis, while comparatively less attention has been paid to the normative foundations of the subject. This raises an important question: how should trusts law be understood? Existing scholarship has begun to explore this question through the lens of personal autonomy. Much of this work, however, […]
Rachael Mulheron, ‘Ten years on: a “Montgomery map” for healthcare professionals in the United Kingdom and Beyond’
ABSTRACT It has been a decade since the decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11 was delivered, which definitively established a patient-focused test for deciding whether a healthcare professional (HCP) is under a duty to warn their patient of inherent risks. Given the significant cadre of cases since, it is an appropriate […]
Christine Yang, ‘Health Care Cost Recovery Litigation: “Reading” BC Tobacco and Opioid Class Actions Through Tort Law Theory’
ABSTRACT In 2018, the British Columbia (BC) Government enacted the Opioid Damages and Health Care Costs Recovery Act (ORA) in response to the overdose crisis. The ORA authorizes the province to recover health care costs from opioid manufacturers, distributors, and consultants alleged to have caused or contributed to opioid-related injury and illness. The ORA is […]
Christopher Jenkins, ‘“Towards the Attainment of Complete Uniformity” in Private International Law: The Unratified Anglo-Italian Foreign Judgments Convention of 1887′
ABSTRACT This article uncovers a convention on foreign judgments, negotiated between Britain and Italy in 1887. The Prime Minister, Lord Salisbury, saw it as ‘the most practical first step towards the attainment of complete uniformity’: proof that the civil and common law worlds could agree on common private international law rules. It was Britain’s first […]
Francesca Lee, ‘A Critical Analysis of the Judicial Approach to Intersectional Natural Hair Discrimination in the UK: G v St Gregory’s Catholic Science College’
ABSTRACT Conventional anti-discrimination law in the UK, the Equality Act 2010, is governed by a single-axis framework which requires individuals to make a discrimination claim on the basis of a single category of discrimination. Crenshaw’s theory of intersectionality reveals the existence of a distinct form of discrimination, intersectional discrimination, which is unable to be recognised […]
Giesela Ruhl, ‘Cross-border Consumer Protection’
ABSTRACT Cross-border consumer transactions are essential to the functioning of the European Single Market. Yet, despite decades of European integration, consumers and businesses continue to face legal uncertainty arising from the coexistence of multiple national legal systems. Uncertainty regarding the applicable law, jurisdiction, and the enforcement of rights may discourage cross-border contracting and thereby undermine […]