Author Archives: admin

‘A Call for Projects and Proposals from the American Society for Legal History’

“The Projects and Proposals Committee of the American Society for Legal History exists to encourage new initiatives in the study and presentation and production of legal historical scholarship and in the communication of legal history to all its possible publics and audiences. It is the mission of the committee to find ways to bring talented […]

Dan Priel, ‘The Return of Legal Realism’

Abstract: The main goal of this essay is to explain in what sense ‘we are all realists now’. It examines various answers to this question suggested by existing literature and proposes another. The key is identifying a fundamental divide among the legal realists on what makes their view ‘realistic’. One group of legal realists, of […]

Shelly Kreiczer-Levy, ‘Property without Personhood’

Abstract: The property as personhood theory provides a dominant justification for legal theory and has shaped numerous legal doctrines. Although the theory has been criticized by many scholars, one important concern has escaped scholars thus far. Property as personhood limits identity and confines growth. The concept allows little room for experimenting with personality and testing […]

Tim Dornis, ‘The Doctrines of Contract and Negotiorum Gestio in European Private Law: Quest for Structure in a No Man’s Land of Legal Reasoning’

Abstract: The field of negotiorum gestio is perplexing. In civil law, its doctrinal, policy, and economic foundations are far from clear. In common law, the concept even seems to be inexistent. Nevertheless, in common-law as under civil-law doctrine, certain situations of intervention in another’s affairs are acknowledged as establishing claims of an intervening party against […]

Steve Hedley, ‘The Rise and Fall of Private Law Theory’

Abstract: Over the last four decades of common law thought, there have been increasingly sophisticated attempts to develop comprehensive theories of private law. Chief amongst these are (1) theories of corrective justice, (2) economic theories, and (3) formalist accounts. The common feature of these apparently diverse ‘grand theories’ is a lack of trust in collective […]

Cornell and Light, ‘Wrongful Benefit and Arctic Drilling’

Abstract: The law contains a diverse range of doctrines — ‘slayer rules’ that prevent murderers from inheriting, restrictions on trade in ‘conflict diamonds’, the Fourth Amendment’s exclusion of evidence obtained through unconstitutional search, and many more — that seem to instantiate a general principle that it can be wrong to profit from past harms or […]

Geoffrey Vos, ‘The UK Jurisdictions After 2019’

Introduction: I am delivering this lecture at a time of great change. The General Election has produced a hung Parliament and there remains uncertainty about Brexit. Contrary to what many have said and even more think, Brexit is not just a political question, it raises intensely difficult legal issues that are worthy of careful research […]

Blocher and Gulati, ‘Markets and Sovereignty’

Abstract: The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, […]

Denise Meyerson, ‘Medical Negligence Determinations, the “Right to Try”, and Expanded Access to Innovative Treatments’

Abstract: This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove […]

Bell J on ‘The Individual Judge’

“UNSW Law Journal has now released the video of Bell J’s keynote speech at the launch of its thematic issue on ‘The Individual Judge.’ Pleasingly, this was certainly no puff piece. Indeed, beyond praising the journal’s ‘honoured place’ amongst peer-reviewed law journals and describing the issue’s article as ‘very readable and stimulating’, she didn’t (unless […]