Author Archives: admin

Glenn West, ‘Teaching Contract Drafting through Caselaw – a Syllabus and a Collection of My Musings about Contract Drafting Based upon Recent Cases’

Abstract: Law Schools are under ever­increasing criticism for their failure to teach lawyers how to actually practice law – particularly on the transactional side of the practice. That criticism is basically a criticism of the caselaw method of teaching law school subjects – a method that relies upon the reading of appellate decisions providing lessons […]

Eric Johnson, ‘Disentangling the Right of Publicity’

Abstract: Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person’s name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are […]

Stephen Sugarman, ‘Restating the Tort of Battery’

Abstract: This article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort. The advantages of a single tort of wrongfully causing physical harm to persons are many. It would a) do away with complex and unneeded […]

JiangYu Wang, ‘Enforcing Fiduciary Duties as Tort Liability in Chinese Courts’

Abstract: Fiduciary duties, once an Anglo-American concept, was codified in China’s Company Law in 2005, which made China one of the very few jurisdictions which introduced fiduciary duties through statutory provisions. Between successful or unsuccessful cases of legal transplant, China offers a third possibility on how the transplant of fiduciary duties may work in a […]

Čerka, Grigienė and Sirbikytė, ‘Is it possible to grant legal personality to artificial intelligence software systems?’

Abstract: The purpose of this paper is to determine whether Systems of Artificial Intelligence (SAI) can be deemed subjects of law. This aim is formulated according to the technical capabilities integrated in SAI and the SAI’s ability to interact independently with other legal subjects. SAI features, such as direct connection with intellectual skills, the ability […]

Avihay Dorfman, ‘Against Market Insularity: Market, Responsibility, and Law’

Abstract: In this paper, I take stock of some leading attempts to drive a wedge between distinctively market reasoning and practical (including moral) reasoning. Although these attempts focus on different normative foundations – the epistemology of market interaction, the autonomy of its participants, the stability-enhancing quality of markets, and the authority of democratic decision-making – […]

Punitive Damages in Italian Law – Corte di Cassazione 5 July 2017 no 16601

Abstract: In the current legal system, the purpose of civil liability law is not just to make the victim of a tort whole again, since the functions of deterrence and punishment are also inherent in the system. The American doctrine of punitive damages is therefore not ontologically contrary to the Italian legal system. However, the […]

Faure, Visscher and Weber, ‘Liability for Unknown Risks: A Law and Economics Perspective’

Abstract: In the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the central question that is addressed in this contribution. One may, furthermore, have to […]

Jason Varuhas, ‘Taxonomy and Public Law’

Abstract: This paper (i) identifies the reasons for the general absence of legal taxonomy in public law scholarship; (ii) argues that legal taxonomy and taxonomic debate is vital to the principled development of public law and rigorous legal analysis, and is of acute importance today given trends towards open-ended balancing in public law adjudication which […]

Christopher Newman, ‘Using Things, Defining Property’

Abstract: Accounts of property tend to define it as a right to exclude and treat use-privileges as incidental by-products of that right. This paper sketches a different approach, one that treats recognition of use-privileges to things as prior and then asks what sorts of rights might be justified in their support. I attempt to defend […]