This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...

What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...

The U.K.'s decision to leave the EU and the voting in of the protectionist Donald Trump to the US presidency has drawn both the UK and the USA into the Nash Trap.U.S. mathematician John Nash (the movie ‘A Beautiful Mind') postulated that Adam Smith's declaration that ‘In competition,...

Screening potential entrants is a major challenge to any system of immigration, and has become particularly salient in the Trump era. At bottom, the problem is one of information asymmetry, in which migrants hold private information as to their abilities and intentions. We propose a new approach...

This case note criticizes the decision of the Court of Appeal for England and Wales in FHR European Ventures LLP v Mankarious [2013] EWCA Civ 17 and argues for a new understanding of the no-profit rule in fiduciary law. The note was cited in the decision of the UK Supreme Court when it allowed...

Even ethnically plural societies require a unum in order to have a state able to keep the peace, allow and protect freedom, encourage participation and belonging, and extract and redistribute resources. That redistribution is needed to improve the chances for fairness and justice for...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...

What are the key factors that facilitate innovation and creativity? This chapter begins by challenging the traditional emphasis on IP rights as an incentive to innovate. While it is true, that IP rights provide for a much needed tool to protect creative ideas, we argue that a much more important...

Malaysia, as a former British colony, has inherited much of its trusts law from the English. One notoriously difficult area of law is constructive trusts. Precisely when and why constructive trusts arise are fundamental but imperfectly understood matters. This is unfortunate, because the lack of...

The call for algorithmic transparency as a way to manage the power of new data-driven decision-making techniques misunderstands the nature of the processes at issue and underlying technology. Part of the problem is that the term, algorithm, is broad. It encompasses disparate concepts even in...