The rights of users of copyrighted materials are growing in significance. This is the result of fundamental changes in the creative ecosystem that pull in opposite directions: on the one hand, the flourishing of user-generated content places individual users at the forefront of creative...

In recent years, the fiduciary theory of the state has been offered as an alternative to theories rooted in the social contract tradition. The fiduciary model provides an evocative basis for rethinking the nature and limits of state authority. It also promises to account for the obligations of...

Contemporary land grabbing issues often include large-scale land acquisitions by foreign and/or non-indigenous investors, land alienation from local communities, and the protection of rights, livelihoods, and culture of indigenous and local people in connection with their traditional usage of...

This article considers the U.S. Supreme Court’s 2013 decision in Koontz v. St. Johns River Water Management District, which extended the application of the Court’s exactions test (known as Nollan/Dollan). The majority of the Court relied heavily on the unconstitutional conditions doctrine,...

The challenge that illegal file-­sharing poses to legal criminalisation is addressed in this study. Nonetheless, the pretexts and reasons for the specific character of file-­sharing behaviour and norms in a community likely, to various degrees, correlate with the specifics in the legal...

In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), a statute designed to prevent the further spread of state-sponsored sports-wagering. The statute’s language has the effect of granting a property right to sports leagues, implicating the Constitution’s...

Throughout history, lotteries have been used in numerous legal contexts. However, legal theorists have rarely discussed the role of randomization in law, and have never done so systematically and comprehensively. Against this backdrop, the Article has three underlying goals. First, it fills the...

This Introduction to Philosophical Foundations of Fiduciary Law (Andrew S. Gold & Paul B. Miller eds., Oxford: Oxford University Press, 2014) outlines core questions of fiduciary law theory and provides thematic discussion of the contributions to the volume. The volume includes chapters by...

In view of the fact that one of the main tasks of modern inheritance law is to connect the available legal structures with the shape of property relations existing in the society and to favour solutions which enable to make the most of the testator’s estate after his or her death, the author...

The common law rule of one-vote-per-shareholder was a prevalent feature of corporate governance at the start of the nineteenth century. Colleen Dunlavy attributes the persistence of the common law rule in early nineteenth century America to the social conception of the corporation as a body...