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...

A Pragmatic Justification of the Judicial Hunch argues that Judge Joseph Hutcheson's famous hunch theory of judicial decision making provides a compelling solution to the daunting task of judicial decision making in an age noted for an increasing explosion of factual complexity and an increasing...

In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...

This article aims to present a critical view on the use of personal data in the current scenario of hyper-connectivity, bringing to the fore, as an alternative, the possibility of self-managing data, based on a concrete project. We will first present a panorama of privacy in the twenty-first...

The European Union (Withdrawal) Act 2018 forms the centrepiece of the UK's domestic legal preparations for its departure from the European Union. The Act aims to capture and domesticate large swathes of EU law so as to safeguard legal continuity upon Brexit. This paper examines the process by...

As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

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...

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...

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...

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...