Monthly Archives: August, 2026
Wes Dayley, ‘Vicarious Liability In Idaho Under Jones: Examining Idaho’s Expanded Liability After Nearly Two Decades’
ABSTRACT Under the common law, vicarious liability extended tort liability to employers when an employee committed a tort within the scope of their employment. Since then, developments in both tort and agency law have expanded the imputation of tort liability beyond the traditional employer-employee relationship, ultimately capturing principals, agents, and independent contractors. In 2006, the […]
Jasper Verstappen, ‘Towards an Ontology of Property Law and Digital Assets: A Comparative Analysis of German, French and English Law’
ABSTRACT Digital assets challenge property law’s ontology of things. National property laws diverge as to the types of digital assets recognised as property as well as the degree of recognition afforded. Their lack of a physical instantiation, coupled with the fact that digital assets are neither contingent upon recognition by the legal system nor upon […]
Eugenia Caracciolo di Torella, ‘Working Parents and the Employment Rights Act 2025: Surely a Question of Care?’
ABSTRACT This article examines the contribution of the Employment Rights Act 2025 to the framework of family-friendly employment rights in the UK. Introduced as part of Labour’s commitment to deliver ‘the biggest upgrade to rights at work for a generation’, the Act aims to strengthen support for working families and improve work–life balance. Whilst the […]
William Moon, ‘The Laws of Corporations’
ABSTRACT This Review Essay engages Matteo Gatti’s Corporate Power and the Politics of Change, which documents the growing role of corporations in performing functions traditionally associated with government. After situating Gatti’s book within the burgeoning literature on corporate political governance, it argues that corporations increasingly create and administer bodies of rules that structure important aspects […]
Dov Waisman, ‘Foreseeability and Reasonableness in Promissory Estoppel’
ABSTRACT The law of promissory estoppel contains a little-noticed puzzle relating to the way in which the justifiability of the plaintiff’s reliance is determined in American courts. Many jurisdictions now require the plaintiff asserting a promissory estoppel claim to prove that their reliance on the defendant’s promise was both reasonable and foreseeable. However, there does […]
Jonker and Victoria, ‘Chaos Contracts: Outcome Manipulation in Prediction Markets, and How to Regulate It’
ABSTRACT Prediction markets are ordinarily defended for their ability to aggregate dispersed information into a price that tracks an event’s probability. This defense assumes act-state independence: that trading a contract does not influence the probability of its outcome. Where this assumption doesn’t hold, contracts are act-sensitive, and the price of an event contract is not […]
Henry Perritt, ‘Great Crypto Vanishing Act: Illusory Contracts and the Economic Loss Rule’
ABSTRACT Cryptocurrencies have gained respectability with enactment of the federal GENIUS Act, which lays a regulatory foundation for the safest type of cryptocurrency, stablecoins, while leaving significant uncertainty with respect to unbacked crypto assets like Bitcoin and other cryptomoney and crypto investments that do not come within the GENUIS Act’s scope. The vulnerability of cryptocurrencies […]
Joe Atkinson, ‘Assessing the Employment Rights Act 2025’
INTRODUCTION The Employment Rights Act 2025 (ERA or ‘the Act’), passed in December 2025, has repeatedly been declared the ‘biggest upgrade to workers’ rights in a generation’. It might well be noted that this is not a particularly demanding standard to live up to after 14 years of attacks on labour rights under Conservative-led coalition […]
Anfield Tam, ‘Harassment as a Common Law Tort and the Limits of Corporate Standing’
ABSTRACT Sir Elly Kadoorie & Sons Ltd v Samantha Jane Bradley marks the first time that an apex court in a common law jurisdiction has recognised a common law tort of harassment, but it was also held, rightly, that a corporate entity has no standing in its own right to claim for it. While the […]
Florian Stautemas Baele, ‘A Breath of Determinism: Free Will and Tort Law in Fin de Siècle Legal Scholarship’
ABSTRACT This article situates Franco-Belgian tort law scholarship at the fin de siècle within the broader debate on free will, moral responsibility, and determinism. While positivism’s impact on penal law is well-documented, its influence on private law has been notably overlooked. It is argued that the emergence of risk theory was not merely a pragmatic […]