Author Archives: admin

Robin Malloy, ‘Law, Market, and Marketization’

Abstract: Marketization is a process occurring in many transitional economies as countries seek to adjust their legal systems to facilitate broader market participation while expanding global trade. This essay sets out one way of understanding this process by focusing on the relationship among, law, markets, and marketization. It identifies and explains basic legal requirements for […]

Zachary Liscow, ‘Is Efficiency Biased?’

Abstract: The most common underpinning of economic analysis of the law has long been the goal of efficiency (ie, choosing policies that maximize people’s willingness to pay), as reflected in economic analysis of administrative rulemaking, judicial rules, and proposed legislation. Current thinking is divided on the question whether efficient policies are biased against the poor, […]

‘The Discreet Charm of Conveyancing on the Blockchain’

Jeanne L Schroeder, Bitcoin and the Uniform Commercial Code, 24 University of Miami Business Law Review 1 (2016). When Adam Levitin and I taught The Law of Money seminar a year ago, not one student chose to write about bitcoin. We congratulated ourselves on drawing young people hip enough to ignore the hype emanating from […]

Meredith Render, ‘The Concept of Property’

Introduction: … this Article adopts three positions: (1) that property is conceptually distinct from other areas of law, and that it is numerus clausus that makes it distinct; (2) while numerus clausus embodies a kind of formalism, it is the good kind of formalism, not the bad (as in savaged by the American Realists) kind […]

Leon Anidjar, ‘Globalization of the Law of Specific Performance in Contracts: Israel as a Case Study’

Abstract: This article discusses the regulation of specific performance in the law of contract around the world, focusing on Israeli law. The relevant law of continental European and Anglo-American jurisdictions in general and the application thereof to contracts in particular are separate and distinct. It is generally believed that Anglo-American and continental legal systems have […]

Colin Mitchell and others, ‘Exploring the potential duty of care in clinical genomics under UK law’

Abstract: Genome-wide sequencing technologies are beginning to be used in projects that have both clinical diagnostic and research components. The clinical application of this technology, which generates a huge amount of information of varying diagnostic certainty, involves addressing a number of challenges to establish appropriate standards. In this article, we explore the way that UK […]

Fennell and McAdams, ‘Inverted Theories’

Abstract: This essay makes the case for ‘inverting’ popular versions of certain theories widely used in legal analysis. Inversion begins with the observation that the assumptions underlying a given theory are substantively false. But rather than reject the theory outright, the theory inverter sees something valuable in the structure of the theory’s logic, and looks […]

Julian Sempill, ‘The Lions and the Greatest Part: The Rule of Law and the Constitution of Employer Power’

Abstract: On the limited government conception of the Rule of Law, it is axiomatic that the state may only act for the public good according to law, and not arbitrarily, on pain of forfeiting its authority. That axiom is a great legacy of the seventeenth and eighteenth centuries’ anti-absolutist revolutions. The same period yielded another […]

Paula Giliker, ‘A Revolution in Vicarious Liability: Lister, the Catholic Child Welfare Society Case and Beyond’

Abstract: This paper examines developments in vicarious liability in England and Wales and the extent to which revelations of child sexual abuse have triggered fundamental changes to private law. Starting with Lister v Hesley Hall [2001] UKHL 22, it considers how the law has changed, but also critically appraises the development of a ‘modern theory […]

Herwig and Simoncini, ‘Risk, Precaution, Responsibility, and Equal Concern’

Abstract: Systemic risks are risks produced through interconnected non-wrongful actions of individuals, in the sense that an individual’s action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good […]