Category Archives: Legal History

‘Postponement of British Legal History Conference (BHLC) 2021’

“As a result of continuing uncertainty caused by the coronavirus pandemic, in particular in relation to international travel, the organisers of the British Legal History Conference 2021 have decided to postpone the conference to 6-9 July 2022. This decision has been taken in consultation with the BLHC Continuation Committee …” (more) [John Cairns, Edinburgh Legal […]

Joseph Miller, ‘Two Centuries of Trademark and Copyright Law: A Citation-Network-Analysis Approach’

ABSTRACT The Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade – the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019 – but in the past 20 decades. In gathering the entire […]

Mark Wilde, ‘Review of Scholars of Tort Law edited by James Goudkamp and Donal Nolan, 2019’

Scholars of Tort Law, edited by James Goudkamp and Donal Nolan, Oxford, Hart Publishing, 2019, xviii+401pp, £85 (hardback), ISBN 978-1-50991-057-1. Scholars of Tort Law is a collection of essays by tort scholars on tort scholars. The contributors chose (or were possibly allocated in some cases) scholars who have played a significant role in creating and […]

Diamond v Chakrabarty at 40’

“Webinar: Patents on Life: Diamond v Chakrabarty at 40 (June 17, 1pm EDT), Wednesday, June 17, 2020, 1:00-2:30 PM (EDT). This webinar is free and open to the public. No advance registration is required. In June 1980, the US Supreme Court ruling in Diamond v Chakrabarty authorized the first patent on an intentionally genetically modified […]

‘Priest’s Rise of Law and Economics

“This is a history – though, intentionally, a brief history – of the rise of law and economics as a field of thought in the US college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins […]

SI Strong, ‘Past as Prologue: Arbitration as an Early Common Law Court?’

ABSTRACT Two well-known means of resolving legal disputes in the United States – consumer arbitration and employment arbitration – have long been characterized as illegitimate forms of ‘second class’ or ‘rough’ justice. Recent years have seen renewed debate about the nature and quality of arbitral decision-making in light of several US Supreme Court opinions involving […]

Robert Brain, ‘The Unnecessary Implied Warranty of Fitness for a Particular Purpose’

INTRODUCTION … This Article has three major substantive parts. Part II explains why the proper theory for fitness problems is through an express warranty theory. Part III traces a brief history of the fitness warranty in the King’s courts, demonstrating that even from its inception, express warranty was the proper theory to resolve fitness issues. […]

Ian Williams, ‘Law, Language and the Printing Press in the Reign of Charles I: Explaining the Printing of the Common Law in English’

ABSTRACT The printing press had the potential to break the common lawyers’ monopoly of legal knowledge. Early-modern England witnessed debates about the desirability of wider dissemination of legal learning. Previous scholarship has identified the long-term trend to increased printing of the law in English, focusing on ideological debates between lawyers and other key actors. Only […]

Thomas Gallanis, ‘Commercial Trusts in US Legal Thought: Historical Puzzles and Future Directions’

ABSTRACT The law of commercial trusts has been taught in universities in London and Cambridge, Sydney and Melbourne, Hong Kong and Singapore, but it is absent from the law schools of the United States. This is a puzzle. Commercial trusts have been prominent in US legal and economic history and today hold trillions of dollars […]

Richard Wright, ‘Karl Engisch’s Die Kausalität als Merkmal der trafrechtlichen Tatbestände [Causality as a Characteristic of Criminal Law] Part II English Translation’

ABSTRACT This work by Karl Engisch was, as far as I am aware, the first to reject the traditional but-for / sine-qua-non test as the exclusive test of factual causation, or even as a proper test when employed, as usually assumed, through hypothetical analysis of what might otherwise have occurred rather than real world analysis […]