Author Archives: Steve Hedley

Elizabeth Carter, ‘Are Premarital Agreements Really Unfair: An Empirical Study of Premarital Agreements’

ABSTRACT Are premarital agreements categorically unfair? Critics of premarital agreements cling to the (unfounded) belief that premarital agreements are categorically one-sided, coercive, and designed to benefit the wealthier spouse – usually the man. Courts, legislators, and scholars have too often relied on assumptions about premarital agreements without delving in to the facts. They have looked […]

Courtney Joslin, ‘Autonomy in the Family’

ABSTRACT Scholars largely support the concept of choice in family form. But while scholars largely agree on this abstract goal, they do not agree on which legal rules best further that end. Take the issue of economic rights for nonmarital partners. The conventional doctrine treats nonmarital partners as legal strangers. No rights arise out of […]

Ting Xu, ‘A law-and-community approach to compensation for takings of property under the European Convention on Human Rights’

ABSTRACT Studies of takings of property highlight the increasing penetration of state power into private life. Controversies regularly surround compensation provisions. Many academic analyses and decisions of the European Court of Human Rights have supported the proposition that market value offers the best approximation of just compensation. However, full market value compensation may not be […]

Hanjo Hamann, ‘The German Federal Courts Dataset 1950-2019: From Paper Archives to Linked Open Data’

ABSTRACT Various reasons explain why Europe lags behind the United States in empirical legal studies. One of them is a scarcity of available data on judicial decision making, even at the highest levels of adjudication. By institutional design, civil‐law judges have lower personal profiles than their common‐law counterparts. Hence very few empirical data are available […]

Christopher Yoo, ‘Rethinking Copyright and Personhood’

ABSTRACT One of the primary theoretical justifications for copyright is the role that creative works play in helping develop an individual’s sense of personhood and self-actualization. Typically ascribed to the writings of Immanuel Kant and Georg Wilhelm Friedrich Hegel, personhood-based theories of copyright serve as the foundation for the moral rights prominent in European copyright […]

‘Making Punitive Damages More Predictable’

Benjamin J McMichael and W Kip Viscusi, Taming Blockbuster Punitive Damages Awards, 2019 University of Illinois Law Review 171. As tort reform heated up in the United States late in the last century, so too did the debate over the appropriateness of punitive damages awards, especially where those damages were seen to be excessive. Complicating […]

Dagan and Dorfman, ‘Justice for Contracts’

ABSTRACT This Article develops a theory of just contractual relationships for a liberal society. We argue that this theory is already implicit in vast areas of modern contract law. As a liberal theory, properly-called, our account is premised on the canonical commitments of liberalism to people’s self-determination and their substantive equality. As a theory of […]

Natalia Curto, ‘EU Directive on Copyright in the Digital Single Market and ISP Liability: What’s Next at International Level?’

ABSTRACT The recent approval of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive) by the European Union has caused a considerable storm among the internet users, scholars, practitioners and industries. Particularly controversial was the original obligation of ISPs to filter the content upload by platforms users with […]

Elizabeth Sepper, ‘A Missing Piece of the Puzzle of the Dignitary Torts’

ABSTRACT This essay responds to Kenneth S Abraham and G Edward White’s ‘The Puzzle of the Dignitary Torts’, 104 Cornell Law Review 317 (2019), which identifies a puzzle: despite the value that our society purports to place on dignity, tort law’s dignity-protecting function has been little explored. As Professors Abraham and White explain, dignitary torts […]

Chander, Kaminski and McGeveran, ‘Catalyzing Privacy Law’

ABSTRACT The United States famously lacks a comprehensive federal data privacy law. In the past year, however, nearly half of state legislatures have proposed or enacted broad privacy bills or have established privacy legislation task forces, while Congress has scrambled to hold hearings on multiple such proposals. What is catalyzing this legislative momentum? Some believe […]