Monthly Archives: April, 2012

Hyman, Silver and Black, ‘Does Tort Reform Affect Physician Supply? Evidence from Texas’

Abstract: Does state tort reform affect physician supply? Tort reformers certainly believe so. Before Texas adopted tort reform in 2003, proponents claimed that physicians were deserting Texas in droves. After tort reform was enacted, proponents claimed there had been a dramatic increase in physicians moving to Texas due to the improved liability climate. We find […]

Bruce Beverly, ‘A Remedy to Fit the Crime: A Call for the Unreasonable Rejection of a Parent by a Child as Tort’

Abstract: This article provides a simple discussion of an on-going problem which has struck a nerve with many members of our society; the phenomenon of parental alienation. “Parental alienation” in this paper is defined as the unreasonable rejection of a formerly loved and respected parent by a child, where such rejection has been fostered by […]

Martijn Hesselink, ‘How Many Systems of Private Law are There in Europe? On Plural Legal Sources, Multiple Identities and the Unity of Law’

Abstract: The central question in this paper is how many private law systems there are in Europe. That question is located at the crossroads of a variety of pluralities. There is a plurality of epistemological claims including the claim of epistemological (or ‘foundational’) pluralism, a plurality of legal materials (coming from different law makers, private […]

Hanoch Dagan, ‘The Public Dimension of Private Property’

Abstract: In this Essay I hope to explain the sense in which private property is indeed private and the way in which it is inevitably public. My starting point for this inquiry is the recent reinvigoration of the Kantian conception of private law in general and of property more specifically. This significant neo-Kantian enterprise avoids […]

Sheila Scheuerman, ‘Against Liability for Private Risk‐Exposure’

Introduction: “… To those unfamiliar with this type of litigation, the Toyota cases might prompt an obvious question: Can a plaintiff who has not yet suffered an injury sue based on the risk of future harm? One would think this question is easily settled. As Judge Frank H Easterbrook of the United States Court of […]

Emily Kadens, ‘The Myth of the Customary Law Merchant’

Abstract: Legal scholars from many disciplines — including law and economics, commercial law, and cyber law — have for decades clung to the story of the so-called law merchant as unassailable proof that private ordering can work. According to this story, medieval merchants created a perfect private legal system out of commercial customs. As this […]

Schwartz and Watson, ‘Conceptualizing Contractual Interpretation’

Abstract: Contract interpretation is an important subject for lawyers but there are few rigorous economic analyses. We use a formal model to derive the interpretive rule that an “ideal” legal enforcer would adopt. Commercial parties make contracts to maximize gains from trade. Our enforcer is ideal, in the sense that he interprets contracts to maximize […]

Penalver and Alexander, ‘An Introduction to Property Theory’

Abstract: This book surveys the leading modern theories of property – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing – and then applies those theories to concrete contexts in which property issues have been espe- cially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the […]

Eisenberg and Engel, ‘Assuring Adequate Deterrence in Tort: A Public Good Experiment’

Abstract: To explore damage rules’ deterrent effect, we use a public good experiment to tailor allowable punishment to rules used in actual civil litigation. The experimental treatments are analogous to: damages limited to harm to an individual litigant, damages limited to harm to a group available in aggregate litigation, such as class actions, and damages […]

Jared Wilkerson, ‘Shaping the Disclosure Tort: A History of Scholars’ Early Importance and Modern Impotence’

Abstract: Legal scholars have rarely seen an area such as common law privacy, in which they had a guiding hand over the course of seventy-five years (1890–1965). Since then, however, scholars’ attempts to modify Prosser’s disclosure tort have failed. This article chronicles the early and potent scholarly influence from Warren and Brandeis to Hand, Pound, […]