Category Archives: Uncategorized

Just Published: Justine Pila, The Subject Matter of Intellectual Property

The only book to study the subject matter protectable across the range of intellectual property (IP) rights and systems. Offers a theoretical framework for thinking about IP subject matter. Analyses contemporary domestic and European legal conceptions of the invention, the plant variety, the authorial work, the trade mark, the geographical indication and product designation, goodwill, […]

Rights, Wrongs, and Injustices: The Structure of Remedial Law: Stephen Smith, Auckland University of Technology, 4 August 2017

This presentation will discuss the main ideas in a draft manuscript of a book of the same title. The book seeks to establish the existence of, and provide the intellectual foundations for, a body of law that has been largely unacknowledged, ignored, or misunderstood in the western legal tradition. Focusing primarily on the common law […]

Cristina Carmody Tilley, ‘Tort Law Inside Out’

Abstract: For more than a century, scholars have been looking at tort law from the outside in. Theorists committed to external goals like efficient allocation of resources or moral justice have treated tort as a mere vehicle for the achievement of their policy preferences, rather than as a body of law with a discernible internal […]

Evan Criddle, ‘Fiduciary Law’s Mixed Messages’

Abstract: Nearly a century ago, Judge Benjamin Cardozo famously declared that fiduciaries bear a ‘duty of the finest loyalty’ that is ‘unbending and inveterate’ and ‘stricter than the morals of the marketplace’. Some legal scholars argue today that Cardozo’s uncompromising formulation of the duty of loyalty should be consigned to the ashbin of history because […]

Baffi and Nardi, ‘The Contractual Liability Function: Efficient Breach Theory or Best Risk Bearer Theory? The Two Theories Tested by the Commercial Impracticability Doctrine in the Italian Legal System’

Abstract: The aim of this paper is to examine whether the Italian commercial impracticability doctrine reflects the efficient breach theory or the best risk bearer model. The conclusion is that in the Italian legal system there is a discipline that could be considered as a form of ‘modified’ efficient breach theory, according to which judges […]

What is Private Law For? On Choice, Empowerment and Protection: MEPLI Round Table Conference, Maastricht University, 16 December 2016

“Albert Camus famously wrote that ‘life is the sum of all your choices’. Private lawyers could not agree more. At the core of private law lies the idea that individuals are allowed to know better than the State or anyone else what suits their needs and interests and to act accordingly. People may decide for […]

‘Where to litigate collective claims?’ British Institute of International and Comparative Law, London, 26 September 2016

This seminar examines procedural, substantive and funding considerations in determining which jurisdiction is best suited for particular types of mass claims. The topic has recently attracted huge attention, given the latest developments in legislation as well as prominent cases, such as the claims brought against Volkswagen. Speakers will address the subject from the perspective of […]

Call for Papers: 16th International Association of Consumer Law Conference, Porto Alegre, Brazil, 16-19 July 2017

The Conference celebrating the 25th year of IACL will begin an Opening Session with its Founders, on the Sunday of July 16th, 2017, from 5PM to 8PM, and a Welcome Cocktail. The Conference will run from Monday, July 17th, until Wednesday, July 19th, 2017, from 09am to 06pm. The main purpose of this 25+ Conference […]

Calliess and Buchmann, ‘Global commercial law between unity, pluralism, and competition: the case of the CISG’

Abstract: The global legal system consists of a multitude of legal regimes of various origin, thus constituting a regulatory framework that is significantly different from the one of a nation state. In the absence of a world state, international and supranational law regimes, various domestic legal systems, and transnational law regimes such as the lex […]

Adam S Hofri-Winogradow, ‘The Erosion of Fiduciary Singularity: Contract, Trust and Corporation’

Abstract: This Article presents a new theory of fiduciary relationships. Using legal analysis, legal theory and the results of an unprecedented global survey of professional fiduciaries, I show that fiduciary relationships are not now fundamentally different from contractual relationships. I then show how different types of fiduciary relationships are converging. Scholars commonly claim that trusts […]