Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing...

This article discusses the potential impact of live streaming on the commercial sports industry and analyzes whether commercial sports enterprises have the legal power to stop live streaming of professional and collegiate sporting events. Part I of this article explores the history of live...

We empirically test the fiscal illusion hypothesis in the takings context. Israeli law allows local governments to expropriate up to 40% of any parcel without compensation. In 2001, the Israeli Supreme Court created a carve-out for takings of 100%, requiring full compensation in such cases. We...

The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder's anticipated litigation costs, absent some offsetting justification. Application of this standard is problematic...

This article offers a fresh analysis of and solution to problems modern American street gangs present. Common wisdom dictates that, since they commit crimes, gangs should be understood and combatted through criminal sanctions. Popular interventions, like gang injunctions, expand that punitive...

In the context of the decision of the UK Supreme Court in Jones v Kernott [2012] UKSC 53; [2012] 1 AC 776, this note looks at the way in which the interests under a common intention constructive trust can vary over time. It considers the role of s.53(1)(c) of the Law of Property Act 1925, which...

It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by...

Following the Supreme Court's decision in Murphy v. National Collegiate Athletic Association, states can legalize sports gambling for the first time in more than 25 years. The advent of legalized gambling has sports leagues clamoring for compensation from states that authorize wagers on the...

This note discusses the gap in intellectual property protections for the fashion industry. First, it details why fashion is art of the type that typically qualifies for copyright protection, and not just a means of covering the body. Next, it discusses why this hybrid nature makes it unique and...