Latest Legal Commentaries
Monday, May 19, 2025
Theory of the Case
I was recently invited to address a group of young lawyers by a law firm on the subject of “The Theory of the Case”. I had to confess that writing down a theory of the case has not been a practice that I have followed throughout my litigation career. However, I found that there is a considerable volume of articles written on the subject which explain the advantages of doing so in a formal way. One that I found particularly helpful was by a Canadian lawyer, Martin Sclisizzi entitled “Theory of the Case How and Why Developed – an Overview”. Sclisizzi More...
Tuesday, January 21, 2025
The University of Auckland's Proposal to Merge the Faculties of Law and Business & Economics
On 12 November 2024, the University of Auckland published a proposal to merge the Faculties of Law and of Business and Economics into one Faculty. The proposal includes a division of the Law School into two departments, one focused on private law (including commercial law) and the other on public law.The justification for this radical proposal is stated as follows: “By combining the Faculties of Law and Business & Economics, the aim of the proposal is to create a comprehensive faculty that brings together distinct and complementary disciplinary strength.This proposed combined faculty structure would foster greater collaboration across a wide More...