This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law...

India, as with other jurisdictions, has been struggling to deal with the issue of how to regulate hate speech in the online ecosystem. Regulatory responses have usually seen demands for either new criminal laws to be implemented or for intermediaries to ‘do more’ to make the online ecosystem...

In modern times, alternative dispute resolution (“ADR") mechanisms including arbitration have evolved as viable means of resolving commercial and investment related disputes, both within local and international jurisdictions. The popularity and more pronounced acceptance of arbitration over...

In this article, the authors show that blockchain can help in reaching the goals of antitrust law in situations where the rule of law does not (fully) apply. They detail what needs to be done to this end, from both a technical and legal standpoint

This Article explores the reality and mythology of NFTs in art law and in the artworld by unpacking six myths, misconceptions, and poorly understood truths about NFTs that prevent persons and particularly art law lawyers from understanding the role NFTs are playing and could play in the art...

The metaverse is the emerging cyberspace realm were people and entities (and various forms of algorithms and artificial intelligence) will interact, engage in games, sports, and entertainment, buy and sell “real world” and “in the metaverse” goods and services, and otherwise get into...

This Article provides a financial economic analysis of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather, it is the risk of outlier outcomes. Low frequency, high severity...

What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...

A severe prejudice to the criminally accused persists today in some trial courts' analyses under the helpfulness prong, the often overlooked part of the test to admit expert testimony. Removing the reliability prong from the discussion, this article focuses instead on courts' treatment of...