Category Archives: Public policy
Hossein Fazilatfar, ‘Public Policy’s Dual Function in Conflicts Law’
ABSTRACT Public policy displays in conflicts law in various forms. It plays both a preventive and an offensive role. In its defensive form it may be used to refuse recognition of a foreign judgement or an arbitral award which violate forum’s public policy. It may also block the law chosen by the parties or any […]
Symeon Symeonides, ‘The Public Policy Exception in Choice of Law: The American Version’
ABSTRACT To the surprise of many foreign readers, the American version of the public policy reservation (ordre public) is phrased exclusively in terms of jurisdiction and access to courts rather than as an exception to choice of law. At least in its ‘official’ iteration in the First and Second Restatements, the exception allows courts to […]
de Contreras and Evans, ‘The Supreme Court: 15 years of shaping “property”’
ABSTRACT The Supreme Court of the United Kingdom turns 15 in 2024. This milestone provides the ideal opportunity to consider how the Supreme Court has shaped the concept of ‘property’ through its judgments. This paper, which is the second produced from this project, continues to elucidate some of the ‘themes’ that arise from a consideration […]
Derwent Coshott, ‘Tendency, purpose and intention: construing the proper function of the public policy restraints’
INTRODUCTION The public policy restraints represent a series of rules operating in the context of private law arrangements which forbid such arrangements from encouraging conduct that the law regards as being against the social interest. These include rules that a contract, trust, will etc must not promote immoral conduct, impermissibly restrain a person from marriage […]
Robert Stevens, ‘The Scope of Restraint of Trade’
ABSTRACT A short paper explaining why Lord Reid was correct as to the proper scope of restraint of trade in Esso Petroleum v Harper’s Garage, and why the UK Supreme Court were wrong to depart from his view in Penninsula Securities v Dunnes Stores (Bangor) Ltd. Stevens, Robert, The Scope of Restraint of Trade (January […]
Gregory Sisk, ‘Immunity for Imaginary Policy in Tort Claims Against the Federal Government’
ABSTRACT Fictional policy justifications for official negligence are regularly accepted by the federal courts to shield the federal government from liability for ordinary tortious wrongdoing. The lower federal courts have adopted an extravagant interpretation of the discretionary function exception to the Federal Tort Claims Act that applies whenever a policy implication can be theorized. Under […]
Kodama, Kambayashi and Izumi, ‘Non-Compete Agreements: Human Capital Investments or Compensated Wages?’
ABSTRACT Non-Compete Agreements (NCAs) restrict workers from joining or forming rival companies, which impacts labor market dynamics. Theoretical perspectives on NCAs are varied: they can lead to increased employer investment and higher wages by reducing labor turnover, or they might simply raise wages to compensate for the restriction on workers’ post-employment choices. Alternatively, NCAs could […]
Tina Stephen, ‘Federal trade commission’s rule on non-compete ban: Relevance for a common law jurisdiction – India’
ABSTRACT Countries have been pondering about the use and legality of non-compete agreement for many years. Lack of regulatory clarity on these covenants has allowed companies to use these contracts with impunity. These covenants not only restrict the employees from joining a competitor but also refrain them from having a competing business of their own. […]
‘The Doctrine of Public Policy and Discrimination in the Private Law: A Small Light in an Era of Darkness’, Jane Thompson, Zoom, 17 January 2025
The next session of the Tort Law and Social Equality Project Speakers Series takes place on Friday, January 17 at 12:00-1:30 pm EST over Zoom. Jane Thomson of the University of New Brunswick Faculty of Law will speak on the invalidation of discriminatory wills and trusts as contrary to public policy. She will speak for […]
Ana Kvantaliani, ‘Transactions Concluded Under Duress and Immoral Transactions: Comparative Analysis’
ABSTRACT The following article examines legal transactions concluded under the defect of declaration of intent, more precisely, the interrelation of transactions concluded under duress (Article 85 of the Civil Code) and immoral transactions (Article 85 of the Civil Code). Confusion between immoral agreements and duress in Georgian judicial practice is commonplace. Duress, as a socially […]