Law

The jury is out

I still believe in trial by jury.  But not in the efficiency of our justice system. [...]

A right to sustainable litigation

To be clear, protecting the environment is a laudable goal. But while a certain degree of naïveté may be endearing in young people, it is embarrassing for a profession that likes to call itself “learned”. [...]

Our moral, digital future

There are ethical and legal issues regarding most future innovations. Some may be resolved by applying existing legal principles. Some will require us to rethink what civil and criminal liability means in a world in which machines make decisions on our behalf. [...]

Of mice, men and constitutions

To make my own position perfectly clear: I am fundamentally ambivalent about whether New Zealand would be better off with a written constitution. [...]

Plain stupid

In a world of complex markets with millions of buyers, sellers and products, brands provide orientation. This is what brands contribute to civilisation. [...]

A new legal challenge to the ECB’s mandate

The two ECB flagship projects of saving the euro and saving Europe’s banks are now both under legal threat. Sometimes “whatever it takes” is not enough if you cannot convince top judges as well. [...]