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24 Aug 2023, 4:28 pm by Tobias Lutzi
The volume on The Common Law Jurisprudence of the Conflict of Laws, edited by Sarah McKibbin (University of Southern Queensland) and Anthony Kennedy (Serle Court), recently published by Hart, does just that, by discussing cases like Vita Food Products, Brook v Brook, Bonython v Commonwealth of Australia, AG v Heinemann Publishers (better known as the Australian Spycatcher case), Bremen v Zapata, Vizcaya v Picard, and Kuwait Airways (Nos 4 and 5).… [read post]
15 Jan 2023, 10:18 pm by Michael Douglas
The second ground, that Australia is an inappropriate forum, turns on application of the ‘clearly inappropriate forum’ test of the Australian forum non conveniens doctrine: Chandrasekaran v Navaratnem [2022] NSWSC 346, [5]–[8]; Sapphire Group Pty Ltd v Luxotico HK Ltd [2021] NSWSC 589, [77]–[80]; Studorp Ltd v Robinson [2012] NSWCA 382, [5], [62]. [read post]
27 Jul 2022, 10:33 am by Guest Blogger
Thus I pass over in silence the excellent contributions of Conor Casey and Daniel Bell, not because I disagree with them, but simply because in the former case I have no impartial standpoint from which to assess Casey’s suggestion that there is a deep continuity to my own work over time, and in the latter case because Bell’s effort to read the classical legal tradition in light of Confucian legal theory is a subject that I will have to study more deeply before I can say… [read post]
24 Apr 2022, 4:47 am by Frank Cranmer
John Picton, Modern Law Review: Lehtimäki v Cooper: Duty and Jurisdiction in Charity Law: on the UKSC judgment on the status of members of charitable companies. [read post]
17 Mar 2022, 10:34 am by Eugene Volokh
Bell Helicopter Textron, Inc., 806 F.3d 335, 341 n.7 (5th Cir. 2015) (so noting), but this Circuit's view appears to be set forth by Lord & Taylor.) [read post]
29 Sep 2021, 12:18 pm by Eugene Volokh
Bell Helicopter Textron, Inc., 806 F.3d 335, 341 n.7 (5th Cir. 2015) (so noting), but this Circuit's view appears to be set forth by Lord & Taylor.) [read post]
10 Apr 2020, 3:04 am by Michael Douglas
Love v Commonwealth [2020] HCA 3 is a recent decision of the High Court of Australia that highlights the breadth and blurry edges of our discipline. [read post]
11 Dec 2018, 5:31 am by Barry Sookman
Further, unlike in other Commonwealth countries significant copying can go uncompensated if the copier can show that it had a practice or system that is fair and, notwithstanding that the Berne Three Step Test prohibits exceptions that “conflict with a normal exploitation” of the work, a use can be considered “fair” even if it has an adverse effect on the market for the work.[4] Canada’s courts’ tectonic shift away from encouraging payment for uses of… [read post]