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Goldberg and Zipursky, ‘Tort Law and Responsibility’
Abstract: It borders on banality to observe that tort law enables injury victims to hold tortfeasors responsible for having wrongfully injured them. Yet modern torts scholarship has largely obscured the centrality of responsibility to tort law. This is true not only of avowedly instrumental and prescriptive theories, but also of many corrective justice theories. In [...]
Goldberg and Zipursky, ‘Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad, Chamallas, and Robinette’
Abstract: As part of a symposium issue of the Indiana Law Journal devoted to our Civil Recourse Theory of Tort Law, we respond to criticisms by Judge Calabresi, Judge Posner, and Professors Chamallas, Robinette, and Rustad. Calabresi and Posner criticize Civil Recourse Theory as a bit of glib moralism that fails to generate useful answers [...]
Benjamin Zipursky, ‘The Inner Morality of Private Law’
Abstract: Lon Fuller’s classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but [...]
Boilerplate Symposium X B: Professor Radin Responds to Week II
“This is the second part of the tenth in a series of posts reviewing Margaret Jane Radin’s Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. In today’s posts, our author, Margeret Jane Radin, responds to her reviewers. In the first half, she responded to the reviewers from last week. In this second [...]
Michal Shur-Ofry, ‘IP and the Lens of Complexity’
Abstract: This article examines the intersection of intellectual property and complexity theory. Complexity focuses on systems comprised of a large number of interacting components. It explores the rules governing their behavior and development, and is currently used to analyze and explain a range of human, social, economic and natural phenomena. Its interdisciplinary insights apply to [...]
Mark Lunney, ‘Fleming’s Law of Tort: Australian-Made or Foreign Import? Australia’s Role in Making the ‘King’ of Torts’
Abstract: John Fleming’s textbook on the law of torts, now in its 10th edition with new editors, was the publication which founded Fleming’s reputation as an international tort scholar. This article considers the extent to which Fleming’s text was influenced by his presence in Australia as a junior academic at Canberra University College. It is [...]
Boilerplate Symposium X A: Professor Radin Responds to Week I
“This is the first part of the tenth in a series of posts reviewing Margaret Jane Radin’s Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. But don’t think that this is the end. We have more reviews rolling in, and they will go up next week, so stay tuned. In today’s posts, [...]
Boilerplate Symposium IX B: Kim Krawiec on Contracts as Disclosure, Part II
“Contract As Disclosure II (Or Why I Keep Signing That Same Stupid Liability Waiver). As I stated in my last post, I want to use the example of the travel company liability waiver at left to illustrate the boilerplate phenomenon. And here is where my analysis would differ from Peggy’s, perhaps in important ways. She [...]
Boilerplate Symposium IX A: Kim Krawiec on Contracts as Disclosure, Part I
“This is the first part of the ninth in a series of posts reviewing Margaret Radin’s Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. Kimberly D Krawiec is the Kathrine Robinson Everett Professor of Law at the Duke University School of Law. Thanks to Jeremy for inviting me to review Peggy Radin’s [...]
Feldman and Smith, ‘Behavioral Equity’
Abstract: In many situations legal systems use ambiguous standards and moral language in instructing people to behave. In the realm of the common law, much of this ambiguous, morally inflected legal component is associated with ‘equity’. In civil law systems, something similar goes under the banner of ‘abuse of right’ or ‘abuse of law’. According [...]
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