This chapter, based on a report presented on the occasion of the annual meeting of the German Society of Comparative Law in 2017, focuses on recent developments in the law of set-off and penalties/liquidated damages, highlighting specifically the decisions in Cavendish Square Holding BV v. Talal...

This paper is a pre-print version of the Introduction to Ernest Lim's A Case for Shareholders' Fiduciary Duties in Common Law Asia published by Cambridge University Press in 2019, which was awarded the Society of Legal Scholars Peter Birks Runner-up Prize for Outstanding Legal Scholarship. This...

We evaluate Richard Posner's famous hypothesis that common law converges to efficient legal rules using a model of precedent setting by appellate judges. Following legal realists, we assume that judicial decisions are subject to personal biases, and that changing precedent is costly to judges....

A central requirement in the design of a legal system is the protection of law enforcers from coercion by litigants through either violence or bribes. The higher the risk of coercion, the greater the need for protection and control of law enforcers by the state. This perspective explains why, in...

Drawing on two hand-collected data sets of 10,466 state supreme court cases from 2019 and 7,354 state supreme court cases from 2003, this study examines patterns of citations to prior opinions of courts located in other states. We find robust evidence that state supreme courts preferentially...

Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant,...

The view that the common law is a body of rules laid down by the courts is, for some of its proponents, implicit in the nature of the law as a system of authoritative guidance, but it has implications that are unattractive in principle and contrary to the conventional understanding of legal...

Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast,...

This essay reviews the origins and development of the debate over the “efficiency of the common law hypothesis.” The essay begins with the earliest explanation for the observed tendency of the common law as proffered by Richard Posner. It then examines the Rubin-Priest and contemporary...

This is the introduction to four lectures published together in the November 2019 issue of Lloyds Maritime and Commercial Law Quarterly. The lectures were part of a special series, "The Common Law and Finance: Perspectives from the Bench" held in Oxford in 2018-2019. In the series, senior judges...

Patents are increasingly swept up into the operations of agencies in the modern administrative state. This has raised anew the fundamental question whether patents are private property rights or special privileges, because this determines how constitutional guarantees apply to patents in...

When decisions are made in the High Court of Australia in the areas of common law and equity, lawyers in England often cast their eyes over the decisions in Australia to consider in which direction those in the former colonies are taking the laws bequeathed to them, or received by them,...

We explore the implications of the widely accepted understanding that competition law is common — or “judge-made” — law. Specifically, we ask how the rule of reason in antitrust law should be shaped and implemented, not just to guide correct application of existing law to the facts of a...

Common law fiduciary relationships are a dynamic and ubiquitous part of our everyday lives. They generally arise organically and by operation of law whenever an individual reposes her special trust and confidence in another person

Executive pay has become a regulatory flashpoint of the global financial crisis. In contrast to the traditional non-interventionist approach to executive compensation, it has galvanized regulators around the world to search for effective responses to the perceived problem of executive pay. These...

Before 1804, France was strictly divided in terms of legal regimes: a part was under Roman civil law while the majority of the territory was under customary laws which, as with common law, gave more flexibility to judges and fewer rights to the state. This dichotomy offers the unique opportunity...

This article will assess whether the changes in asylum-seeker movement over the most recent ten years to more significantly involve new states, such as the conflicts in Syria and Ukraine, may be bringing about changes in how we assess customary international law on refugee law. The recent...

In the most recent few years, customary international law is increasingly crystalizing to affirm that states must grant nationality to children born in their territory, if they would be otherwise stateless. In prior scholarship, this author has argued that such a norm of a customary...

Although the Igbo customary law of succession, which espouses the primogeniture principle, has recently been lambasted by the Nigerian courts for violating the equality provisions of the Nigerian Constitution and discriminating against women, the judicial engagement with the Igbo inheritance law...

Cybersecurity, data privacy law, and the related legal implications overlap into a relevant and developing area in the legal field. However, many legal practitioners lack the foundational understanding of computer processes which are fundamental for applying existing and developing legal...

English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding...

La version française de cet article peut être consultée à: "http://ssrn.com/abstract=3349436" http://ssrn.com/abstract=3349436. This study aims to set out the principles governing the concept of injury in the context of extra-contractual liability resulting from one's personal acts under...

This paper examines the origins of investor protection under the common law by analysing the development of shareholder protection in Victorian Britain, the home of the common law. In this era, very little was codified, with corporate law simply suggesting a default template of rules....

This paper examines the origins of investor protection under the common law by analysing the development of shareholder protection in Victorian Britain, the home of the common law. In this era, very little was codified, with corporate law simply suggesting a default template of rules....

Despite the large number of environmental agreements at the global, regional and bilateral levels, the role of customary international law remains of great importance in practice. First, many treaties which are in force remain largely unimplemented. Secondly, treaties only bind those States that...

After the Supreme Court of Canada’s decision in Nevsun Resources Ltd. v. Araya, Canadian courts can, in theory, apply customary international law (CIL) to private corporate actors for the purposes of a transnational tort claim pursuant to allegations related to human rights and/or...

The relationship between financial development and economic growth has long been recognized and acknowledged in the literature. However, the dynamics of the relationship is yet to be settled, as illustrated by contradictory theoretical and empirical findings. This paper investigates the...

The relationship between financial development and economic growth has long been recognized and acknowledged in the literature. However, the dynamics of the relationship is yet to be settled, as illustrated by contradictory theoretical and empirical findings. This paper investigates the...

This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored,...

Part I: Economics of Artificial Intelligence -- E-Globalization & Digital Economy -- Management & Corporate Governance -- Artificial Intelligence Governance -- Risk Management Developments -- Al Risk Management -- Econometric Analysis On AI Economy -- Part II: Law of Artificial intelligence --...

The article seeks to analyse some of the most relevant economic torts, so far as they apply to market activity, in the light of the 'right to trade'. From a political-constitutional perspective, the eminently utilitarian approach of statutory antitrust law is contrasted to the rights-based...

On what grounds are private law remedies awarded? This question has received surprisingly little attention from legal scholars. Although the circumstances in which particular kinds of remedies are awarded have been discussed in detail, there have been few attempts to draw general principles from...

The article departs from the theme in this issue of the ICCLL&IR that there has been a ‘withdrawal' of the common law courts from areas of labour law regulated by statute, using the rationale that they should not intervene in such areas even if there is no explicit statutory exclusion relating...