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To this day, Lord Denning's opinion in Lloyds Bank v Bundy remains a staple of first-year Contracts courses in law faculties across the common law world. After surveying doctrines such as duress, undue influence, and unconscionable bargains, Denning posited that they were instances of an...
Persistent link: https://www.econbiz.de/10012899424
Janet Halley proves that third-wave feminism is wrong - wrongly described, that is. Young feminists in the United States tout a quot;third wavequot; of feminism that is hip, ironic and playful - the supposed opposite of the dour and strident quot;second wavequot; of 1970's feminism. Goodbye...
Persistent link: https://www.econbiz.de/10012764437
benefits of many minds are often diluted or eliminated because the structure of institutions funnels decisions through an …
Persistent link: https://www.econbiz.de/10012764870
Two of the most important constitutional decisions in history, Marbury v. Madison and Van Gend amp; Loos, share common issues and reach similar results. Marbury is as well known to U.S. jurists as Van Gend is to European jurists. However few people are familiar with both decisions. This article...
Persistent link: https://www.econbiz.de/10012765236
In this article, I argue that two fallacies may have characterised the way the courts handled the fiduciary dimensions of the recent case that ultimately reached the High Court of Australia as Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22. The first fallacy is in the proposition...
Persistent link: https://www.econbiz.de/10012765244
As the twenty-first century bustles forward, the e-commerce arena becomes an ever more dangerous place. On a daily basis, websites collect vast amounts of personally identifying information (PII) and mine it in sophisticated databases to discover consumer trends and desires. This process...
Persistent link: https://www.econbiz.de/10012766619
Youngstown Sheet amp; Tube amp; Co. v. Sawyer, in which the Supreme Court invalidated President Truman's seizure of the nation's steel industry, has tremendous rhetorical and symbolic significance in justifying judicial policing of executive action in a range of contexts. Yet as a matter of...
Persistent link: https://www.econbiz.de/10012771619
This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. A state...
Persistent link: https://www.econbiz.de/10012771811
This article is devoted to analyse the drafting process of Rome I regulation and highlight certain challenges that emerge during the preparation of the new regulation. Authors inter alia pinpoint dubious solutions of the Rome I proposal. In particular, proposed conflict of laws rules to the...
Persistent link: https://www.econbiz.de/10012771902
This article argues that the Supreme Court's decision in United States v. American Library Association reflects a more realistic view of the Internet and its role in society than does the Court's previous decisions, and that the Court's opinion in ALA may pave the way for a First Amendment model...
Persistent link: https://www.econbiz.de/10012772019