Author Archives: Steve Hedley

Richard Lewis, ‘Humanity in Tort: Does Personality Affect Personal Injury Litigation?’

Abstract This article examines whether the character of people involved in personal injury claims affects their outcome irrespective of the legal rules. For example, does the personality or background of the litigants or their lawyers influence whether an action succeeds and how much damages are then paid? A rise in the number of claims is […]

‘Crowdsourced Bibliography on IP and Distributive Justice’

“Professor Estelle Derclaye recently sparked a terrific email thread among IP professors about articles tackling IP from a distributive justice perspective. Here is a lightly edited list of the suggested works, roughly in chronological order, with links (open access, where possible) and, for somewhat arbitrarily selected works, short quotations or descriptions. If you have additions […]

Sarah Worthington, ‘The Commercial Triple Helix: Contract, Property and Unjust Enrichment’

Abstract This chapter revisits some of the enduring controversies affecting the interface between contract, property and unjust enrichment. Unless these controversies are settled satisfactorily, the framework for commercial law will be weak. Having trawled through the detail, four points are made to assist analysis in these areas: 1. Property questions must be answered before liability […]

‘Privacy’

“The term ‘privacy’ is used frequently in ordinary language as well as in philosophical, political and legal discussions, yet there is no single definition or analysis or meaning of the term. The concept of privacy has broad historical roots in sociological and anthropological discussions about how extensively it is valued and preserved in various cultures. […]

James Bailey, ‘Aggravated Damages or Additional Awards of Solatium: A Distinction without a Difference?’

Abstract What are aggravated damages? Can they be recovered under Scots law? These are questions which might cross the mind of a Scots lawyer upon noticing the label in a tort textbook or the English case reports. This article seeks to address these two questions, in addition to critically examining whether aggravated damages ought to […]

‘The Dead’s Online Accounts’

Alberto B Lopez, Posthumous Privacy, Decedent Intent, and Post-Mortem Access to Digital Assets, 24 George Mason Law Review 183 (2016). In Posthumous Privacy, Decedent Intent, and Post-Mortem Access to Digital Assets, Alberto B Lopez discusses a distinctly modern problem: how much access should a personal representative have to decedent online accounts? Surprisingly few states have […]

Adam Hirsch, ‘Inheritance on the Fringes of Marriage’

Abstract This Article explores the inheritance rights of individuals situated at the fringes of marital relationships – fiancés, spouses who are in the process of divorcing, and permanently separated spouses. The Article examines whether these categories of individuals ought to enjoy rights to forced shares of an estate comparable to those that ordinary spouses can […]

Christoph Engel, ‘The Proper Scope of Behavioral Law and Economics’

Abstract Behavioral law and economics applies the conceptual tools of behavioral economics to the analysis of legal problems and legal intervention. These models, and the experiments to test them, assume an institution free state of nature. In modern societies, the law’s subjects never see this state of nature. However, a rich arrangement of informal and […]

Erik Encarnacion, ‘Contract as Commodified Promise’

Abstract Many scholars assume that lawmakers should design contract law with the goal of facilitating commercial promises. But the question of which promises count as commercial remains neglected. This Article argues that this question matters more than one might initially expect. Once we understand commerciality in terms of commodification – roughly, treating something as subject […]

Yonathan Arbel, ‘Adminization: Gatekeeping Consumer Contracts’

Abstract Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau against JP Morgan, Citibank, and other large debt collectors illustrate the breadth and importance of this phenomenon. Due to the limited financial power of individuals, consumers often do not defend against such baseless […]