Private-law-theoryfeedatom

ABSTRACT
To understand how corporate activity is changing our economies and societies, we need to distinguish how they organize through bodies of law. In general parlance, the words firm, corporation, and company are used interchangeably. This is a matter of convenience but masks how firms, as organizing units, articulate their activities through corpor...

Earlier this month the Law Commission published its consultation paper on product liability reform. The paper proposes to modernise the Consumer Protection Act 1987 (CPA) for the digital age, bringing digital technologies such as artificial intelligence, social media and video games into scope among a raft of other proposals. The European Union recently conducted its own prod...

ABSTRACT
Using Josiya v British American Tobacco (BAT) as a case study, this article explores the growing potential of unjust enrichment to become an additional route to redress in business and human rights (BHR) litigation. Josiya, in which over 7,000 Malawian tobacco farmers are suing BAT for exploitative practices, marks a significa...

ABSTRACT
Nicolas Cornell’s Wrongs and Rights Come Apart argues that accountability practices are rooted in wrongs, that obligations are rooted in rights, and that these are two distinct relations. Cornell’s argument convincingly pushes back against a widely held family of views in moral and legal philosophy according to which there is a necessa...

ABSTRACT
Who leads in mass litigation? That question sits at the center of debate over multi-district litigation (MDL) – sprawling, consolidated proceedings that now account for a large share of federal civil litigation and play a pivotal role in responding to mass harms ranging from opioids to social media. At the heart of that debate sit plaintiffs’ l...