Author Archives: admin

Arthur Laby, ‘Book Review: Philosophical Foundations of Fiduciary Law

Abstract: This book review examines Philosophical Foundations of Fiduciary Law, edited by Professors Andrew S Gold and Paul B Miller, a 2015 addition to Oxford’s Philosophical Foundations of Law series. In recent years, fiduciary law has received increasing attention from courts and legal scholars as a field of private law; fiduciary principles have been applied […]

Natasa Glisic, ‘Expanding the Slayer Rule in Florida: Why Elder Abuse Should Trigger Disinheritance’

Introduction: … This comment explains the impact that expanding the Slayer Rule will have on reducing the elder-abuse epidemic by supplementing the current elder-abuse statutes. Society and the legislature agree that a person should not benefit from his wrongdoing, so there is no reason to not expand the Slayer Rule in Florida at this time. […]

‘Exposing the Praxis of Comparative Law for What It Is’

Ronald J Krotoszynski, Jr, Privacy Revisited: A Global Perspective on the Right to Be Left Alone (2016). I liked Privacy Revisited, not the least because Ronald Krotoszynski’s book – both explicitly and implicitly – lays bare and grapples with comparative law’s thorniest methodological problems. It is inspiring to see a colleague struggling so honestly and […]

Phillip Buckley, ‘Barriers to Justice, Limits to Deterrence: Tort Law Theory and State Approaches to Shielding School Districts and Their Employees from Liability for Negligent Supervision’

Abstract: Despite its importance, the law of tort and negligence in the context of American public schools is poorly understood and relatively understudied. Through the lens of tort law theory, this Article examines the various legal frameworks that govern the tort of negligent supervision in four states: Arkansas, Illinois, Colorado, and Maine. In these four […]

Markus Dubber, ‘Legal History As Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law’

Abstract: Legal history is having a methodological moment. So is law (and, as it turns out, history as well). And not just in one country or legal system but across the common law/civil law divide. In this essay I try to capture some aspects of this methodological moment – or moments – and then to […]

Alexander Boni-Saenz, ‘Distributive Justice and Donative Intent’

Abstract: The inheritance system is beset by formalism. Probate courts reject wills on technicalities and refuse to correct obvious drafting mistakes by testators. These doctrines lead to donative errors, or outcomes that are not in line with the decedent’s donative intent. While scholars and reformers have critiqued the intent-defeating effects of formalism in the past, […]

Call for Papers: Re-imagining Land Law: Birmingham Law School, 26 September 2017, 10am-5pm

It is a truth universally acknowledged that land law is dry, boring and to be overcome rather than studied. And yet despite such low expectations land law provides one of the clearest opportunities to consider the cultural and political context of legal regulation and to develop an insight and criticality about the basic principles of […]

Givati and Kaplan, ‘Over-Reliance under Contractual Disgorgement’

Abstract: A well-known result in economic analysis of contract law is that expectation damages lead to over-reliance by the non-breaching party. Recently, the contractual disgorgement remedy has attracted much attention from scholars, yet no attempt has been made to analyze reliance investment under this remedy. In this article, we develop a model showing that under […]

‘What is the literal meaning of Article 82(1) GDPR in each of the EU’s 24 official languages?’

“I’m trying to work out what Article 82(1) of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) […]

David Salmons, ‘Claims Against Third-Party Recipients Of Trust Property’

Abstract: This article argues that claims to recover trust property from third parties arise in response to a trustee’s duty to preserve identifiable property, and that unjust enrichment is incompatible with such claims. First, unjust enrichment can only assist with the recovery of abstract wealth and so it does not assist in the recovery of […]