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Thorner v Major (2009) : Proprietary Estoppel and Inheritance

Mee, John - 2020

This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...

Persistent link: https://www.econbiz.de/10012826375

Common Law Equity in a Civil Law Country

Angelo, Anthony H.; Allan, Ashleigh - 2016

This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...

Persistent link: https://www.econbiz.de/10014129243

Tort Arbitrage

Rhee, Robert J. - 2015

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the … empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort … liability. The effect is to promote a system of self-regulation of accidents in the shadow of uncertain government pricing …

Persistent link: https://www.econbiz.de/10014052425

Many-Minds Arguments in Legal Theory

Vermeule, Adrian - 2009

vs. many minds. The institutional comparisons that pervade legal theory are typically many-to-many comparisons rather …

Persistent link: https://www.econbiz.de/10012764870

Choice of Law in Cross-Border Torts

Symeonides, Symeon - 2014

This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...

Persistent link: https://www.econbiz.de/10014211298

Rationalizing Judicial Regulation of Lawyers

Zacharias, Fred C.; Green, Bruce A. - 2009

regulation and considering why the different courts' views of appropriate behavior often diverge. The Article explores the … functions that each court serves in the different decision-making contexts. The functional approach to judicial regulation of …

Persistent link: https://www.econbiz.de/10014211591

Comment : Prairie Band Potawatomi Nation V. Wagnon: A Lost Opportunity to Recognize Dormancy in the Indian Commerce Clause

Evans, Erik J.G. - 2008

This comment focuses on the application of Dormant Commerce Clause principles in one specific context, co-extensive regulatory disputes between tribes and States. Such an approach is not alien to guiding dormant commerce jurisprudence. The interests balancing approach found within White Mountain...

Persistent link: https://www.econbiz.de/10012772566

Understanding the Changing Landscape of Data Protection Laws

Klinkner, Blake - 2019

protection and data privacy, including the 2018 General Data Protection Regulation passed in the European Union, and the …

Persistent link: https://www.econbiz.de/10012893073

Undue Influence and Bank Guarantees

Mee, John - 2016

This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...

Persistent link: https://www.econbiz.de/10012984000

Joint Ownership, Subjective Intention and the Common Intention Constructive Trust

Mee, John - 2016

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...

Persistent link: https://www.econbiz.de/10012984003

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