Category Archives: Remedies and Procedure

Rehan Abeyratne, ‘Ordinary Wrongs as Constitutional Rights: The Public Law Model of Torts in South Asia’

ABSTRACT … While private tort law has remained stillborn in South Asia, constitutional law in the region has blossomed. In the 1980s and 90s, the Indian Supreme Court vastly expanded its constitutional jurisdiction through a series of procedural innovations known as Public Interest Litigation (PIL), which has been emulated across the region. This article examines […]

Schultz and Bachmann, ‘A Wig for Arbitrators: What Does it Add?’

ABSTRACT This essay (meant for a forthcoming and at this stage undisclosed Festschrift) sketches a preliminary examination of the type of social order that hybrid international commercial courts might contribute to creating or sustaining. It starts by reviewing the arguments advanced, implicitly or expressly, in favour of the development of these hybrid courts. These revolve, […]

Hodge and Gostin, ‘Guiding Industry Settlements of Opioid Litigation’

ABSTRACT The recent $270 million settlement of Purdue Pharmaceuticals and the State of Oklahoma on March 26, 2019 concerning the state’s opioid litigation is a harbinger of industry settlements to come. Thousands of opioid-related cases with impending trial dates may stimulate opioid manufacturers, distributors, and retailers to seek new deals to escape historic liability. Against […]

Jacob, Klement and Procaccia, ‘In-Kind Transfers and the Law of Torts’

ABSTRACT The state and charitable institutions provide in-kind services for distributive purposes. Such services generally benefit recipients but in particular instances may also cause them harm. We discuss the optimal tort regime that should apply when such harm occurs. We show that the optimal level of care applicable to such services is lower than if […]

Erika Douglas, ‘Paypal is New Money: Extending Secondary Copyright Liability Safe Harbors to Online Payment Processors’

ABSTRACT The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it, by shielding online service providers from secondary copyright infringement liability for the acts of their users in exchange for takedown of infringing content. Yet online payment processors, the backbone of $300 billion in US e-commerce, are completely outside of the […]

Thomas Naquin, ‘Lagniappe Liability: Limiting Employer’s Vicarious Liability for Punitive Damages in Louisiana’

INTRODUCTION … Part I of this Comment generally discusses punitive damages and vicarious liability in Louisiana. Part II demonstrates the nature of the circuit split and the confusion surrounding the issue of vicarious liability for punitive damages. Part III of this Comment explores the potential solutions that the Louisiana Supreme Court could implement to address […]

Andrew Phang, ‘The Law of Remedies – The Importance of Comparative and Integrated Analysis’

ABSTRACT Two simple – and related – theses are advanced in this essay. The first is that, in the search for principle (whether in the law of remedies in particular or in the law in general), comparative analysis is extremely important. Secondly, this essay seeks to explain as well as demonstrate the importance of integrating […]

‘The Territorial Scope of EU-Privacy Law; Two Opinions from AG Szpunar’

“On the 10th of January 2019, AG-Szpunar concluded in Google v CNIL that a removal request based on the Google Spain v Costeja judgement should not have a worldwide effect. However, on the 4th of June, the same AG concluded that an EU national court can, in fact, order an internet service provider to remove […]

Erickson and Kretschmer, ‘Empirical Approaches to Intermediary Liability’

ABSTRACT Legal theory has failed to offer a convincing framework for the analysis of the responsibilities of online intermediaries. The debate is characterised by a wide range of contested issues. This paper considers what empirical evidence may contribute to these debates. What do we need to know in order to frame the liability of intermediaries […]

Mitchell Johnston, ‘Reflective Remedies’

ABSTRACT This Note aims to develop and describe a new class of penalty, the reflective remedy, to address the problem of optimal deterrence when the law is uncertain. It describes a novel remedial option for traditional legal disputes, in which the activity level chosen by the defendant is ‘reflected’ over the socially optimal level, and […]