Zietlow on Slavery, Liberty, and the Right to Contract @ProfessorRZ

Rebecca E. Zietlow, University of Toledo College of Law, is publishing Slavery, Liberty and the Right to Contract in volume 19 of the Nevada Law Journal (2019). Here is the abstract. This article explores what the right to contract meant to slaves, free blacks and northern workers before and after the Civil War, to uncover the lost history of liberty of contract under the Thirteenth Amendment. By abolishing slavery and involuntary servitude, the Thirteenth Amendment transformed United States labor law and expanded rights for all workers. Until then, the slave…

Arlyck on The Founders’ Forfeiture

Kevin Arlyck, Georgetown University Law Center, is publishing The Founders’ Forfeiture in the Columbia Law Review (2019). Here is the abstract. Civil forfeiture is, in a word, controversial. Critics allege that law enforcement authorities use forfeiture as means of appropriating valuable assets from often-innocent victims free of the constraints of criminal process. Yet despite recent statutory reforms, a significant obstacle to meaningful change remains: Under longstanding Supreme Court precedent, the Constitution imposes few limits on civil forfeiture. Relying on a perceived historical tradition of unfettered government power to seize and…

Craig on English Adrministrative Law History

Paul P. Craig, University of Oxford Faculty of Law, is publishing English Administrative Law History: Perception and Reality in Judicial Review in the Common Law World: Origins and Adaptations (S. Jhaveri and M. Ramsden, eds., forthcoming). Here is the abstract. The history of English administrative law remains to be written. It is a task of considerable magnitude, given that it requires understanding of case law, regulatory legislation, government and politics spanning a period of circa 450 years. The task is more especially daunting given the range of different areas that…

Vorsprung durch Technik? Audi scores victory in trade mark appeal before the EU General Court

On 12 July 2019, the EU General Court (GC) dismissed an appeal (Audimas v EUIPO – Audi (AUDIMAS)) from a Lithuanian sportswear company, whose trade mark was successfully opposed by the German automobile manufacturer Audi. In October 2014, the applicant, Audimas AB, obtained through the World Intellectual Property Organisation (WIPO) an international registration for the mark displayed below, designating the European Union (EU) as one of the protection territories. The mark above represents the applicant company‚Äôs name in black font, with stylised open and closing brackets right above the word…