Author Archives: Steve Hedley

‘First Meeting of the Young Private International Law Research Network’

“On 5 April 2019, the first meeting of the newly established research network ‘Young Private International Law in Europe’ took place at the University of Würzburg, Germany. The network intends to create a Europe-wide exchange at ‘junior faculty’ level (predoc/postdoc) in the context of various comparative Private International Law (PIL) projects …” (more) [Maximilian Schulze, […]

Mark Lunney, ‘Innovation in the shadows of deference: Urban environment and the law of tort in Australia, 1901-1945’

ABSTRACT Australian private law in the first half of the twentieth century has generally been portrayed as lacking innovation, its main characteristic being fidelity to rules of English law. Although this view is largely accurate, detailed granular studies of Australian case law and legislative developments of the period reveal a more complex picture than the […]

E Lees, ‘Property In The Anthropocene’

ABSTRACT Intergenerational justice, community interests, and environmental protection are all goals sought through the imposition of the duties of stewardship onto owners of land. But such duties, when imposed by law, require justification beyond the morality of maintaining and preserving land in a good condition for its present and future use. The potential for sanction […]

Pietro Ortolani, ‘The impact of blockchain technologies and smart contracts on dispute resolution: arbitration and court litigation at the crossroads’

ABSTRACT This article investigates the twofold impact that blockchain technologies and smart contracts have on dispute resolution. On the one hand, these technologies enable private parties to devise arbitral systems that are self-enforcing and, therefore, largely bypass the recognition and enforcement procedures through which State courts traditionally exert a certain control over arbitration. This phenomenon […]

Jef and Faure, ‘The Liability of Public Authorities: An Economic Analysis’

ABSTRACT Traditional economic analysis of accident law has largely focused on individual utility maximising actors as potential injurers and victims. On that basis a huge literature has been developed since the early publications of Calabresi in the 1960’s explaining under which conditions particular liability rules may be effective in promoting social welfare. Moreover, the theoretical […]

‘“Property” as a Dynamic Technology, and Its Consequences’

Lee Anne Fennell, Property Beyond Exclusion, 61 William and Mary Law Review (forthcoming 2019), available at SSRN. While the layperson tends to think of ‘property’ in terms of things, modern legal discourse tends to conceive of property as a ‘bundle of sticks’, ie, a collection of rights with respect to land, or to tangible and […]

‘The summer beach read you’ve been looking for: Don Herzog on Defaming the Dead

“Looking for the perfect gift for that tort lover in your family? The perfect read for the beach this summer? Look no farther. Pick up Don Herzog’s Defaming the Dead (Yale University Press 2017). Herzog, a law professor at the University of Michigan, published this odd delight. He makes a cogent argument against the common […]

‘Legal Theory Lexicon: Utilitarianism’

“This installment of the Legal Theory Lexicon is a very brief introduction to utilitarian moral and political philosophy tailored to law students (especially first-year law students) with an interest in legal theory. Law students learn early on that classroom discussion of cases and statutes may begin with questions about what the rule is but is […]

Just Published: Statutory Interpretation in Private Law (Prue Vines and M Scott Donald eds)

In the past 50 years private law has undergone a revolution: statutes are now prevalent in every area. This book considers how judges in private law cases should respond to this change. How are statutes to be interpreted in this area with its deep historical roots, and is it reasonable to think that statutory interpretation […]

Alon Cohen and Avraham Tabbach, ‘Informational Negligence Law’

ABSTRACT This article offers an analysis of negligence law in an environment with asymmetric information and costly signaling. We consider three possible variations of the negligence doctrine, based on its two elements – the standard of care and damages. We find that accounting for signaling costs affects the social desirability of the negligence rule. In […]