Monthly Archives: July, 2026
Shuxin Zhang, ‘Private data in safe hands? Evolving privacy concerns in the digital era’
ABSTRACT Privacy is widely recognised as a fundamental human right in many democratic societies, as enshrined in instruments such as Article 8 of the European Convention on Human Rights (ECHR). This paper examines the enforcement landscape of data protection in the United Kingdom, with particular attention to the UK General Data Protection Regulation (UK GDPR). […]
Campos and Bradt, ‘The Ordinary and Extraordinary in Mass Tort Litigation’
ABSTRACT Mass torts have inspired a number of innovative procedural approaches. They include creative uses of class actions, multidistrict litigation (‘MDL’) and, more recently, the bankruptcy system. These procedural innovations have been challenged as a ‘revolution’ that departs from ‘traditional litigation goals’, particularly our ‘deep-rooted tradition’ of one having their ‘day in court’. In this […]
‘What we didn’t learn from the Mail Newspapers judgment’
This month’s Mail Newspapers judgment in the case brought by Prince Harry and others was a comprehensive defeat for the claimants [2026] EWHC 1637 (KB). The judge found that, in relation to every one of the 57 pleaded articles, the claimants had failed to prove that Mail journalists had used unlawful information gathering (UIG). While […]
‘Trusts in Court: The Public’s Right to Know’
Reid Kress Weisbord, David Horton and Naomi Cahn, ‘Secrecy in Trust Litigation’, Wake Forest Law Review (forthcoming, 2026-27), available at SSRN (12 February 2026). I last taught Wills, Estates, and Trusts in Spring 2025 to a large class with a fair number of students who were taking the course because the topic was likely to […]
Giulia Priora, ‘A New Way to Look at EU Copyright Law: Regulating Digital Platforms to Promote Education’
ABSTRACT This paper proposes a new way of looking at EU copyright law, shifting the analytical focus from the traditional binary of infringements and exceptions toward the regulation of digital platforms as a means of promoting education. It begins by examining the misalignments that characterise the EU’s regulation of digital copyrights, particularly as they affect […]
Elias Neibart, ‘Lawyer’s Meaning is Lawful Meaning’
ABSTRACT Many textualists think that, when we interpret texts, our goal is to uncover their ‘ordinary meaning’. We have to put ourselves in the shoes of a ‘reasonable person’ at the time of a text’s enactment and understand the words on the page as they would have. To be sure, textualists say that we should […]
Suzanne Whitten, ‘The Right to Reputation’
ABSTRACT Reputational damage from others’ speech can profoundly shape what we can do in the world, influencing whether our words receive uptake, the opportunities available to us, and whether we can credibly contest the characterisations made of us. Yet debates about reputational rights typically frame reputation and free speech as competing individual interests, asking when […]
‘Safari Choice-of-Law Clauses’
In June 2026, I went on a safari in Tanzania with my family. We went on a hot air balloon ride over the Serengeti, visited a Masai village, and saw all of the Big Five. Before we embarked on these adventures, we were asked to sign an Assumption of Risk, Waiver of Liability, and Indemnification […]
David Wilde, ‘Informal trusts of land: the end of “valid but unenforceable”’? – National Iranian Oil Co v Crescent Gas Corp Ltd Part 2′
ABSTRACT Ahead of an anticipated appeal hearing before the Supreme Court, this article seeks to establish what now remains of the notion that an informal trust of land, failing to satisfy Law of Property Act 1925, s 53(1)(b), is ‘valid but unenforceable’, following the Court of Appeal’s decision in National Iranian Oil Co v Crescent […]
Nikolas Guggenberger, ‘The Platform-Property Paradox’
ABSTRACT In digital markets, the essential functions of property turn against each other. Common law property divides the world into mine, yours, and others’ by excluding non-owners. This exclusion strategy generally serves three essential functions in economic ordering: internalizing externalities by channeling positive and negative effects on third parties back to the owner; creating modularity […]