Category Archives: Public policy
Jane Thomson, ‘Public Order and Capricious Wills in Quebec: Some Important Lessons for the Rest of Canada’
ABSTRACT Quebec is a leader when it comes to avoiding testamentary conditions that perpetuate discrimination. It has held this a position for over a century, with its public order decisions long pre-dating famous common law cases hailed as firsts in this area of the law. Some might balk at the idea of citing Quebec jurisprudence […]
Jane Thomson, ‘“And Two Cows to my Wife … so Long as she Remains my Widow”: Public Policy and Testamentary Marriage Clauses in Canada’
ABSTRACT This article, part one of a two part project, provides a comprehensive review of the law surrounding marriage conditions in wills in Canada, including the civil law jurisdiction of Quebec, through a quantitative study of nearly every electronically reported Canadian decision involving a marriage clause in a will. It begins with an overview of […]
Marie-Louise Holle, ‘Commodification of human remains: Public policy in contract law – and beyond’
ABSTRACT Although human remains have long been regarded as worthy of legal protection, they are increasingly treated as commodities. The trade in human remains via the internet, their display within religious institutions such as the Roman Catholic Church, and their use in commercial plastination exhibitions illustrate distinct forms of commodification. The manuscript aims to examine […]
Zuzanna Nowicka, ‘SLAPP vs Mutual Trust: Protecting the Public Debate Through Public Policy Considerations’
ABSTRACT This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The […]
Rzewuski and Rzewuska, ‘The public policy exception as grounds for refusing to apply foreign law in succession cases’
ABSTRACT Increasing migration flows in Europe and the world will contribute to a rise in cross-border succession proceedings. As a result, when hearing a succession case, a domestic court should not only be familiar with, but should also apply the foreign law indicated by an authoritative conflict-of-law rule in the same manner that the foreign […]
Dagan and Gergen, ‘Harnessing the Unruly Horse: Public Policy in Contract Law’
ABSTRACT It is blackletter law that agreements or terms which violate public policy are unenforceable. But the precise role of the public policy in contract law remains elusive, which may explain the chaotic state of this veteran doctrine. Without a principled framework to guide judges in deciding when the law should refuse to lend its […]
‘Foreign illegality and English courts: Do the Ralli brothers now have a sister?’
In the recent and interesting case of LLC Eurochem v Société Generale SA et al [2025] EWHC 1938 (Comm), the English High Court (Commercial Court) considered the extent to which economic sanctions enacted by a foreign jurisdiction (EU law in this instance) can impact the enforcement of contractual payment claims (governed by English law) in […]
Bishara and Luisetto, ‘Goodbye, Noncompetes? Why Now and Policy Convergence’
ABSTRACT Post-employment non-competition agreements (‘noncompetes’) have been part of the common law dating back to at least 1414. The past 15 years have seen an unprecedented wave of scrutiny that is mostly aimed at curtailing these agreements, culminating in the contentious 2024 Federal Trade Commission’s (FTC) attempted noncompete ban. With the broad FTC ban on […]
Per Laleng, ‘Insane Killers and Their Claims for Compensation: Lewis-Ranwell Heads to the Supreme Court’
ABSTRACT This article explores the forthcoming Supreme Court case of Lewis-Ranwell v G4S Health Services, which will clarify whether a claimant acquitted of murder by reason of insanity can bring tort claims for losses caused by their own unlawful acts. The case will test the scope of the illegality defence under the framework established in […]
James Smith, ‘Russia sanctions and the prohibition on trust services’
ABSTRACT UK sanctions law contains a prohibition on the provision of trust services to or for the benefit of designated persons and persons connected with Russia. This article analyses the background to and legal framework of the prohibition. The article then looks at the application of the prohibition to Crown Dependencies and Overseas Territories, before […]