Monthly Archives: October, 2026
Melody Hadfield, ‘Post-Breach Events, Itemisation and the Avoided Loss Rule’
ABSTRACT In English law, the following equation is used to compute damages awards: (a) loss sustained in consequence of the breach of duty (‘prima facie loss’) minus (b) benefits obtained as a result of the breach of duty = (c) net loss. This paper explores the manner in which prima facie loss is defined. It […]
Lachlan Wilson, ‘Beyond legal title: Sham, failure to divest beneficial ownership and proprietary treatment of retained powers’
ABSTRACT This article examines three distinct doctrinal routes by which creditors and other litigants may challenge a trust arrangement or reach assets connected with it: sham; failure to divest beneficial ownership; and proprietary treatment of retained powers as property or as rights tantamount to ownership. It distinguishes the legal basis and consequences of each route, […]
Dhyani and Bose, ‘An Analysis of the Revenue Model of the Harry Potter Empire through the Lens of Intellectual Property Jurisprudence’
ABSTRACT Harry Potter, originally a brainchild of British Author JK Rowling, today, is not just confined to the publishing phenomena of a series of seven fiction novels and the box office marvel of eight cinematograph films based out of it , but includes, within its ambit a plethora of other business, to include, theme parks, […]
Sohum Pal, ‘Consent and Coercion, in Sex and in Contracts’
ABSTRACT This Essay begins with the assertion that sex should be thought of as a domain of private law and proceeds to analyze it as such through a juxtaposition with the more securely private law domain of contracts. Part I examines and critiques the existing models of sexual consent and feminist proposals for consent reform, […]
Albert Feuer, ‘A Proposal to Modernize Small Estate Law in New York’
ABSTRACT The NYSBA Trusts and Estates Law Section approved the proposed Who May Become a Voluntary Administrator Act in January of 2025. The proposal would modernize the procedures for a decedent’s small estate by providing that the implicit and explicit fiduciary preferences of those who die with property of a small value be treated the […]
Call for Papers: Trends in Intellectual Property Research, Volume 4 Issue 4 (2026)
Trends in Intellectual Property Research (ISSN 3007-8539 Online, 3007-8520 Print) invites original research papers, review papers, case comments and book reviews for its December 2026 issue. The journal is quarterly, open access and double-blind peer-reviewed. It welcomes doctrinal, theoretical, comparative and interdisciplinary work across all branches of intellectual property and competition law, including patents, copyright, […]
Call for Papers: Legal Research & Analysis, Volume 4 Issue 4 (2026)
Legal Research & Analysis (ISSN 3007-6455 Online, 3007-6447 Print) invites original research papers, review papers, case comments and book reviews for its December 2026 issue. The journal is quarterly, open access and peer-reviewed, and welcomes theoretical, comparative and interdisciplinary scholarship on all areas of law. This includes contract, tort, property, unjust enrichment and private law […]
Eva Micheler, ‘The Purpose of Corporate Legal Personhood: Unincorporated Associations as a Natural Experiment’
ABSTRACT Organizations are an empirically observable normative phenomenon. They are the source of social rules that shape human behavior and are, in this sense, real in their consequences. The law integrates organizations through asset partitioning and regulatory partitioning, both of which are available to incorporated and unincorporated organizations. Given that partitioning is not exclusive to […]
Ágnes Juhász, ‘Intersections of technology and family law: challenges of digital assets in the matrimonial property’
ABSTRACT This study examines the issues that arise from the inclusion of digital assets in matrimonial property law. The primary focus of this study is on European trends, with a particular emphasis on the matrimonial property regimes in place in various European countries. Additionally, the extent to which spouses can deviate from these provisions will […]
Christopher Yoo, ‘Market Dilution, Fair Use, and AI’
ABSTRACT Generative artificial intelligence has brought renewed urgency to the question whether using copyrighted works to train large language models constitutes fair use. A 2025 US Copyright Office Report and dicta in Kadrey v Meta Platforms proposed a broad theory of ‘market dilution’: even when particular outputs are not substantially similar to works in the […]