Monthly Archives: August, 2026
Katy Barnett, ‘An Excellent Genealogy of the Core Concepts of Indian Contract Law: A Review of Dr Shivprasad Swaminathan’s A Historical Introduction to Indian Contract Law (Routledge 2025)’
ABSTRACT This review discusses Dr Shivprasad Swaminathan’s new book, A Historical Introduction to Indian Contract Law, including his discussion of the history of Indian contract law, formation of contracts, contractual consideration, privity, contractual vitiating factors, frustration, damages and stipulated sums, and unjustified enrichment. As noted in the last chapter of Dr Swaminathan’s book, the discussion […]
Yeqing Xu, ‘A Corpus-Based Analysis of ChatGPT English Translation of Terms in the Civil Code of the People’s Republic of China (Contract) from the Perspective of Functional Theories of Translation’
ABSTRACT Artificial intelligence technology has posed significant challenges to legal translation. However, few scholars have analyzed the performance of artificial intelligence in the translation of terms. By constructing a corpus of the terms in the ChatGPT-generated text of the Civil Code of the People’s Republic of China (Contract), the paper analyzes the performance of ChatGPT […]
Ralf Poscher, ‘Resubstantivising Data Protection Rights’
ABSTRACT In this paper, Ralf Poscher addresses the question of what substantive freedom or interest the right to data protection is about. Drawing on German and European judgments on data protection and on theoretical conceptualizations of privacy, the author argues that data protection does not safeguard against actual violations (or at least a concrete danger […]
Linda Mullenix, ‘Grand Bargains: A Principled Approach to Industrywide Legislative Liability Immunity’
ABSTRACT In April 2026 Republican Senator Ted Cruz of Texas and Representative Harriet Hageman of Wyoming introduced legislation entitled the ‘Stop Climate Shakedowns Act of 2026’ to provide the energy industry with sweeping immunity for liability for their role in contributing to the climate crisis and other environmental harms. The legislation would prevent future lawsuits, […]
Mezei and Härkönen, ‘Intellectual Property Law and Upcycling – Towards a Sustainable Transformativeness?’
ABSTRACT Upcycling is an increasingly important practice within the circular economy, particularly in the fashion and creative industries, where discarded or underused goods are transformed into products with a new function or added value. Yet, when the source materials embody intellectual property (IP), upcycling may conflict with the exclusive rights of copyright, trademark, and design […]
‘New Zealand’s Shameful Climate Tort Law – And What Climate Lawyers Can Learn from It’
New Zealand’s Climate Change Response (Tort Liability) Amendment Act became law on 24 August 2026. The Act is the first national law to comprehensively rule out civil liability for activities that cause harm by contributing to climate change. In this post, I describe the Act, its political context, and lessons that climate lawyers might learn. […]
Maxim Osovsky, ‘Common Privacy Norms for Websites: Origins, Convergence, and Institutional Redesign’
ABSTRACT The normative framework that presently governs website privacy practices did not originate in any single international instrument or coordinated global legislative initiative. Rather, it comprises a constellation of interlocking obligations — prior consent to non-essential tracking, transparent privacy notices, identification of the controller, enforceable rights of access and erasure, breach notification duties, purpose-limited retention, […]
Stephen Bainbridge, ‘Merger Agreement Anomalies: A Case Study in Incomplete Contracts’
ABSTRACT This article uses the ABA’s Private Target Mergers and Acquisitions Deal Points Study to interrogate a puzzle that I initially took for evidence of bad lawyering: the persistent presence of undefined or unaddressed terms in sophisticated acquisition agreements. Post-closing purchase price adjustments, representation and warranty insurance exclusivity, exclusive remedy provisions, and – most strikingly […]
Elisa Orrù, ‘On the Nexus between Privacy and Autonomy: A Contextual Integrity Approach’
ABSTRACT Privacy and autonomy are closely linked. In privacy theory and law, there is agreement that privacy is necessary for autonomy. In order to make decisions according to our own preferences and live our lives according to our own goals, we need protected, ie private, physical and metaphorical spaces. If privacy enables autonomy, then a […]
Muhammad Saad Aman, ‘The Evolution of Misrepresentation: A Comparative Analysis of the Contract Act 1872 and English Contract Law’
ABSTRACT This paper comparatively examines the doctrine of misrepresentation under Pakistan’s Contract Act 1872 and English contract law. Although the doctrine of misrepresentation in both jurisdictions has common historical roots, the doctrine has developed differently in each jurisdiction. In contrast to the English law, which particularly after the enactment of the Misrepresentation Act 1872 distinguishes […]