ABSTRACT American corporations have a long history of carelessness and Caremark has made it difficult for shareholders to recover against them for it. In 2018, for example, the world discovered that Donald Trump had wrongfully collected the personal data of up to 87 million Facebook users. Facebook’s failure to address the unchecked collection and use of users’ data cost the company more than $50 billion in market capitalization alone. Despite clear losses, shareholder litigation has thus far been unsuccessful. The normal governmental response to such corporate failures of oversight is to sadd ..read more

ABSTRACT The limits of the law of nuisance were recently tested in the controversial decisions of Fearn v Tate Gallery Board of Trustees, both before the High Court and Court of Appeal. Against the backdrop of these decisions, this article argues that the tort of private nuisance can indeed, in appropriate cases, protect against invasions of privacy caused by overlooking – all within the present framework and ambit of the action. It is also proposed that a communitarian approach be adopted in fashioning the appropriate remedy for actions founded in nuisance. Saw, Cheng Lim and Yoong, Aaron, Th ..read more

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum ..read more

ABSTRACT The question of UK’s consent to and enforcement of asymmetric jurisdiction clauses since the Brexit has been a pressing one owing to prevailing uncertainty over conventional grounds and ascertainment of the nature of clauses regarded as asymmetric jurisdiction clauses. In this article, the enforceability of Asymmetric Jurisdiction Clauses is discussed along with the UK’s existing stance with relation to them, as well as a potential road ahead. Arushi Bhagotra and Tejas Sateesha Hinder, Asymmetric Jurisdiction Clauses vis-à-vis Dispute Resolution in the UK: What in 2022 in the Aftermat ..read more

“It is often said that the Anglo-American legal tradition recognizes only a ‘relative’ conception of title, in which no person is ever truly able to claim an exclusive right in or to a thing, only a better claim to it than someone else. Luke Rostill’s recent book, Possession, Relativity of Title and Ownership in English Law, appears at first glance to offer a sustained defense of something very much like this perspective, by arguing that possession in English law serves as a means of acquiring a full fee simple estate in land, or a general property interest in chattels, even in respect of thin ..read more

ABSTRACT This paper compares the extent of common ownership in the US and the EU stock markets, with a particular focus on differences in the applicable ownership transparency requirements. Most empirical research on common ownership to date has focused on US issuers, largely relying on ownership data obtained from institutional investors’ 13F filings. This type of data is generally not available for EU issuers. Absent 13F filings, researchers have to use ownership records sourced from mutual funds’ periodic reports and blockholder disclosures. Constructing a ‘reduced dataset’ that seeks to ca ..read more

ABSTRACT Political and property crises present vital new questions for property theorists, and analyses of state responses to these crises cast new light on how property systems, and property law, adapt and evolve to meet complex challenges – while remaining institutionally resilient themselves. The novel coronavirus pandemic was an extreme, exceptional, unexpected, significant ‘shock’ event, with financial, economic, social, cultural, and political impacts on a scale not experienced since at least the 1930s. The pandemic posed an unexpected, unpredictable, and urgent threat to human life that ..read more

ABSTRACT In A Liberal Theory of Property I argue that property is one of society’s major power-conferring institutions. Property confers upon people some measure of private authority over things (both tangible and intangible). This temporally-extended private authority dramatically augments people’s ability to plan and carry out meaningful projects, either on their own or with the cooperation of others. Property’s empowerment, in other words, enhances people’s self-determination. But as such property also disables (other) people and renders them vulnerable to owners’ authority. Therefore ..read more

ABSTRACT This article offers critical investigation of data and how it should be redefined and governed to produce more transparency and mitigate possible harms to individuals and communities because of its use in AI systems. In essence, this article argues that data should be viewed as a networked representation or observation. This definition recognizes that data is not singular, but always comes attached with labels, contexts, and biases fastened from its inception, if not collection, and that attachments increase depending on its place in the ecosystem. This view also requires a different ..read more

ABSTRACT The debate over whether the doctrine of lawful act duress exists has been settled in the affirmative by the UK Supreme Court in Times Travel (UK) Ltd v Pakistan International Airlines Corporation. However, the elements by which one establishes lawful act duress was the subject of disagreement between Lord Hodge (who delivered the majority judgment) and Lord Burrows. The disagreement stems from how illegitimate pressure should be constructed. Should illegitimate pressure be ascertained from all the circumstances – without the necessity for a more detailed analytical structure? Or given ..read more