Monthly Archives: July, 2026
Cheffins and Reddy, ‘The Stewardship Code and Shareholder Engagement: The End of the Road’
ABSTRACT Since the Financial Reporting Council (‘FRC’) issued the initial version of the Stewardship Code in 2010, fostering shareholder engagement in publicly traded companies has been a core element of the Code. When the FRC promulgated the 2020 Stewardship Code the FRC was responding to evidence that prior versions had fallen short on the shareholder […]
‘A Fairer End to Relationships? Some Reflections on the Core Principles of the Government’s Proposals to Reform the Law of Financial Remedies on Divorce’
In June 2026, the Ministry of Justice published ‘A fairer end to relationships’, an unusually wide-ranging consultation considering reforms to the law of financial remedies on divorce, and to the position of cohabitants on relationship breakdown and on death. Graham Fraser has summarised the consultation here. This piece focuses on the central principles of the […]
Jonathan Silver, ‘Tracing the Future’
ABSTRACT This paper argues that the modern law of tracing rests on unstable conceptual foundations. The traditional exchange-product theory was increasingly unable to explain the cases that mattered most, particularly those involving bank transfers, mixed accounts, missing transactions and payments made in the wrong order. Foskett v McKeown appeared to offer a new explanation by […]
Merane and Stremitzer, ‘Automated private enforcement: evidence from the Google Fonts Case’
ABSTRACT Plaintiffs often lack incentive to enforce low-value claims, weakening defendants’ compliance incentives. The Google Fonts Case offers a unique opportunity to explore whether automated private enforcement increases compliance. After a German court ruled that dynamically embedding Google Fonts violated the GDPR, an Austrian lawyer reportedly used automated tools to detect violations and threaten lawsuits. […]
Sharkey and Abraham, ‘Tort Liability and Insurance’
ABSTRACT This chapter identifies a series of topics and issues involving tort liability and insurance that could fruitfully be the subject of future research. Empirical issues include the influence of liability insurance on the development of tort liability; the economic loss rule; how liability insurers’ duties to defend and to accept reasonable offers of settlement […]
Scott, Choi, Gulati and Jennejohn, ‘Contract Artifacts’
ABSTRACT In 2020, Serta Simmons and a bare majority of its lenders exploited long-dormant provisions in a standard leveraged loan agreement to subordinate the remaining creditors. The maneuver was decried as ‘creditor-on-creditor violence’ and ultimately rejected by the Fifth Circuit. Contract theory tells us what should have happened next. In a sophisticated, multi-trillion-dollar market, so […]
‘Generative Fair Use for All’
Katrina Geddes, ‘Engineering Semiotic Democracy’, FIU Law Review (forthcoming 2026), available at SSRN (14 June 2024). Artificial intelligence platforms justify their unauthorized reproduction of copyrighted training data on the expansive creative capacities that their models allow. They argue that generative AI is a ‘radically transformational tool for creators of many kinds … which enables new […]
Masayuki Tamaruya, ‘Trust Law in Civil Law Asia: Taking Stock’
ABSTRACT Since its reception in civil law Asia in the early twentieth century, trust law in the region has developed certain characteristics that may seem anomalous when compared to the practices in England, the United States, and other common law jurisdictions. However, from both historical and transnational perspectives, these characteristics can be seen as products […]
Cory Andrews, ‘Public Nuisance and the First Amendment: Free-Speech Defenses to an Expanding Tort’
ABSTRACT Public nuisance – an ancient common-law tort traditionally limited to discrete, localized interferences with rights common to the public – has undergone a dramatic expansion. Once confined to tangible obstructions of highways, contamination of waterways, or disorderly houses amenable to abatement, the doctrine now serves as a vehicle for private plaintiffs and governments to […]
Elizabeth Chambliss, ‘Claiming the South’
ABSTRACT Part of a collection about ‘positionality’ in access to justice research, this personal essay reflects on the role of time in place attachment and, relatedly, in definitions of rurality and access to justice. While most access to justice research defines rurality in socio-spatial terms, by reference to characteristics such as population density and remoteness […]