Micro-businesses are the lifeblood of any functioning economy: they are more numerous and, collectively, have a higher turnover than any other form of business in the majority of countries around the globe. In all parts of the world, developed and undeveloped, however, they are starved of...

This article offers an account of the nature of the trust and the beneficiary's interest under a trust. It distinguishes the obligational and proprietary theories of the trust and explains why each of these traditional approaches falls short as a complete theory of the trust, that is to say the...

Should a proprietary claim to recover a transfer be available only for transfers made in breach of fiduciary duty, or should a proprietary claim be generally available to recover unauthorised or mistaken payments, which have traditionally given rise, in the absence of a breach of trust or...

The Great Depression and the “Dust Bowl” led to overwhelming debt loads and destitution for many Canadian farmers, especially on the Prairies. At the epicenter of this crisis was Saskatchewan – the most politically engaged and third most populous province in Canada at that time. In the...

The recent episode of rising consumer bankruptcy and increasing foreclosure rates has sparked a lively debate about how to best tackle the crisis in the U.S. housing market. This paper contributes to the debate by providing an explicit model of the interactions of households' decisions to...

The present paper is the result of an interdisciplinary analysis in which we plan to investigate the difference between two concepts that may appear to be synonymous, but which, in reality, are distinct forms of checking the taxpayer: tax audit and antifraud controls. In addition, special...

In the 1970s motion picture studios increased their use of blind bidding and non-refundable guarantees in an attempt to reduce the risks associated with producing a small number of large budget films. However, theater owners claimed that blind bidding and guarantees shifted risk to them and...

This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal's 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard...

This article examines a recent decision of the South Australian Supreme Court, Westpac Banking Corporation v Chamberlain, which addressed the issue of the potential for a native title to raise an arguable defence to a mortgagee's application for an order for possession in a case of default