Author Archives: Steve Hedley

Geoffrey Vos, ‘Judicial diversity and LawTech – Do we need to change the way we litigate business and property disputes?’

INTRODUCTION … my thesis is that, in the context of the technological developments that are affecting every aspect of what we do, we may need to consider changing our approach to court-based dispute resolution. If we do so, we may be able to kill at least two birds with one stone. We may be able […]

Marcus Roberts, ‘Foakes v Beer: Bloodied, Bowed, but Still Binding Authority?

INTRODUCTION There was a fair amount of excitement among contract law scholars in early 2018 when the Supreme Court heard the case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd. In fact, excitement levels were heightened further than usual because the Supreme Court was faced with not one, but two ‘truly fundamental issues […]

Journal of Personal Injury Law – Editorial vacancy

“The Journal of Personal Injury Law (JPIL) is recruiting a new editorial board member. Published by Sweet and Maxwell in association with APIL, JPIL is designed to inform, educate and influence lawyers, academics and those working in the personal injury claims sector. Ideally, the successful applicant will be either an academic lawyer or legal practitioner […]

‘New Title: Geoffrey Samuel, Rethinking Legal Reasoning, Edward Elgar, 2018′

“A book claiming to rethink legal reasoning would seem to be one making a very bold, if not arrogant, claim. And so the first observation to be made about my new work – Rethinking Legal Reasoning (Edward Elgar, 2018) – is that ‘rethinking’ should perhaps be viewed more modestly. It ought, at least with regard […]

Just Published: Amnon Lehavi, Property Law in a Globalizing World

Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets, to intellectual property, data, and digital […]

Christopher Yoo, ‘Self-Actualization and the Need to Create as a Limit on Copyright’

ABSTRACT Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts. This Chapter argues that the conventional […]

Fagan and Khan, ‘Common law efficiency when joinder and class actions fail as aggregation devices’

ABSTRACT We develop a litigant-based model of rule selection where parties choose to litigate rules that are efficient between two parties, but inefficient as between a potential class or potentially joined litigants and a counter-party. Collective action problems lead to incomplete party formation, which generates continuous litigation of seemingly efficient rules. By accounting for externalities […]

‘Lunney’s Paradox: More Copyright May Lead to Less Creativity’

Glynn Lunney, Copyright’s Excess: Money and Music in the US Recording Industry (2018). The title of Glynn Lunney’s new book, Copyright’s Excess, presents a puzzle for those of us who have reflected on the nature and function of copyright law. Copyright is typically justified as a system of incentives. By giving authors (and by contract, […]

‘Conference on “The CISG at Middle Age” at the University of Pittsburgh School of Law’

“The conference presents the opportunity to consider whether the widespread state ratification of the CISG indicates success in international law development, or whether the common practice of opting out of the CISG in private contracts demonstrates that its impact has been limited at best …” (more) [Charles Kotuby, Conflict of Laws .net, 18 January]

John Eldridge, ‘Contract Codification and “Certainty”’

ABSTRACT In March 2012, the Commonwealth Attorney-General’s Department issued a brief but wide-ranging discussion paper which canvassed the possibility of codifying or otherwise reforming the Australian law of contract. This article is concerned with a particular dimension of the debate sparked by that paper: namely the question of whether codification would promote ‘certainty’ in the […]