According to the EU Directive 2003/98 public sector bodies can currently charge the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. If the upper limit for charging was lowered to the marginal costs of reproduction and dissemination...

This Article, awarded the 2011-12 Liberty Mutual Prize by Boston College Law School, identifies four different conceptions of insurance that have operated in the debates about insurance and insurance law in recent decades, analyzes these conceptions, and examines the normative agendas that drive...

Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to disgorge all of their gains. It is widely understood that disgorgement deters disloyalty by threatening removal of gains, the prospect of which might incentivize wrongdoing....

In the bank-borrower setting, a firm's existing lender may exploit its positional advantage to extract rents from the firm in subsequent financings. Analogously, a startup's existing venture capital investors (VCs) may dilute the founder through a follow-on financing from these same VCs (an...

With the explosion in information technology, deploying desktop Internet access for corporations is becoming commonplace. Corporate managers are dealing with issues of protecting their corporations from legal exposure, especially in relation to downloading of pornographic or racist material, and...

This article asserts the importance of developing a distinct Irish consumer law and argues that the matter of consumer protection cannot simply be ceded to Europe. In developing this argument, the article first identifies the hybrid common law and European origins of Irish consumer law. It then...

This Article observes that there is not a clear consensus among courts in how to describe the scope and nature of a breach of the peace when a lender elects self-help repossession and things go awry. That does not mean that courts have not deduced some guideposts that parties can use in deciding...

The recently enacted Small Business, Enterprise and Employment Act of 2015 makes sweeping changes to the insolvency framework of the United Kingdom, supplanting much of the 1986 Insolvency Act, which had already undergone substantial amendment since its original passage. These changes illustrate...

A key problem in EU private law is actor heterogeneity. While special rules exist for certain subgroups of actors, for example consumers or retail investors, the members of these legal categories still exhibit vast differences in behaviour, degrees of rationality, vulnerability, and economic...

Are corporate charters and bylaws contracts? What is the scope or subject matter of the corporate contract? Is access to litigation part of the bundle of rights that shareholders purchase when they buy shares in a corporation? This book chapter, “Litigation Rights and the Corporate...