Author Archives: admin

Tobias Barkley, ‘Trustees’ Bare Legal Title: Concept or Misconception?’

Abstract: There is a widespread idea that trustees hold a ‘bare’ or ‘dry’ title, which is distinguishable from an absolute owner’s title. A number of cases in Australia have suggested this is a misconception and a trustee’s title should not be distinguished from that of an absolute owner. This is said to be required by […]

Call for Papers: International Conference of the Faculty of Law at the University of Plovdiv, Bulgaria, 19-20 September 2017

Invitation to the International Scientific Conference of the Faculty of Law at the University of Plovdiv celebrating the 25th Anniversary of the Faculty of Law, 19-20 September 2017, Plenary Hall of Municipality Council. You may submit a paper for a collected work and/or confirm participation in the conference … (more)

John Fanning, ‘Mental Capacity as a Concept in Negligence: Against an Insanity Defence’

Abstract: A defendant’s ‘insanity’ will not excuse his or her negligence. According to corrective justice theory, if A injures B, then A should compensate B – that A’s actions may be attributable to a mental illness is therefore immaterial. Some tort scholars argue the law should excuse insane defendants from liability because they lack the […]

Alexandra Buckingham, ‘Considering Cultural Communities in Contract Interpretation’

Abstract: The art of contract interpretation involves determining the meaning of an agreement. Often, courts must determine whether a particular term is reasonably susceptible to more than one meaning, and if so, they engage in the process of disambiguating the term. This process involves a subtle dance between the traditional and the modern approaches to […]

Jay E Grenig, ‘The Civil Jury in the United States’

Introduction: This Article explores the evolution of the civil jury in the American judicial system. The origins of the civil jury are functionally linked to ancient origins, and are a direct descendent from the English jury system. The civil jury system is both similar and distinct from the criminal jury system, with the civil jury […]

Evan Criddle, ‘Liberty in Loyalty: A Republican Theory of Fiduciary Law’

Abstract: Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify […]

Riaz Tejani, ‘Efficiency Unbound: Processual Deterrence for a New Legal Realism’

Abstract: Optimal deterrence theory seeks to promote resource maximization by identifying the most economically useful occasions and magnitudes for legal liability. But liability is only the final outcome of a burdensome process made more onerous for many today by widening inequalities in wealth and access to justice. Omission of this may reflect a preoccupation among […]

Carbone and Levit, ‘The Death of the Firm’

Abstract: This Article maintains that the decision in Burwell v Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the ‘death of the firm’ as a unit of legal analysis in which business entities are treated as more than the sum of […]

Yuracko and Avraham, ‘Valuing Black Lives: A Constitutional Challenge to the Use of Race-Based Tables in Calculating Tort Damages’

Abstract: In 2011, a young couple eagerly expecting the birth of their first child moved into an apartment in Brooklyn, New York, excited to have a new home for their growing family. Their child, a son, was born healthy soon thereafter. One year later, however, the couple received devastating news. A routine medical exam had […]

William Magnuson, ‘The Public Cost of Private Equity’

Abstract: This Article presents a theory of the corporate governance costs of private equity. In doing so, it challenges the common view that private equity’s governance structure has resolved, or at least significantly mitigated, one of the fundamental tensions in corporate law, that is, the conflict between management and ownership. The Article argues that this […]