Monthly Archives: March, 2013

David Horton, ‘Mass Contracting and Democratic Legitimacy’

Abstract: Margaret Jane Radin’s new book, Boilerplate, is a welcome attempt to rekindle radical skepticism of mass contracting. Radin organizes her dense and sprawling masterpiece around two central claims. First, she argues that the widespread use of standard forms causes “normative degradation”: the erosion of contract law’s bedrock requirement of consent. Second, and more provocatively, […]

Conference: Is Intellectual Property a Lex Specialis? Oxford Law Faculty, 23-26 June 2013

“Intellectual property laws are often viewed (both by experts in the field and by others) as exceptional. Is this true? To what extent do intellectual property laws displace or conflict with generally applicable legal rules, whether of private law, public law or procedural law? To what extent could (and should) these aspects of intellectual property […]

Régis Lanneau, ‘To What Extent is the Opposition Civil Law/Common Law Relevant for Law and Economics?’

Abstract: The distinction between common law and civil law has been used in the law and economic literature at an epistemological, methodological and prescriptive levels. The present article will focus on the epistemological level. Is this divide relevant for assessing the relative value of law and economics in a legal system? It will be shown […]

Online Symposium on Oren Bar-Gill’s Seduction By Contract, Part IIA: Alan White, ‘The New Law and Economics and the Subprime Mortgage Crisis’

“This is the second in a series of posts on Oren Bar-Gill’s recent book, Seduction by Contract: Law Economics, and Psychology in Consumer Markets. The contributions on the blog are written versions of presentations that were given last month at the Eighth International Conference on Contracts held in Fort Worth, Texas. This post is the […]

Dev Saif Gangjee, ‘Property in Brands’

Abstract: This paper traces the emergence of a new res or object of protection within European trade mark law. Proprietary rights in trade marks have conventionally been premised upon the mark’s ability to communicate useful information; namely, indicating the commercial source of goods or services. Granting exclusive rights to control the use of a mark […]

Seminar Series: Reflections on the Public Life of Private Law

“By the end of Friday, we will be half-way through our ESRC seminar series ‘The Public Life of Private Law’. The programme for our second seminar is here. The focus of the second seminar will be on the uses of private law in seeking reparations for ‘human rights abuses’. In setting this theme we had […]

Kristin Madison, ‘The reality of the deterrence effect: How malpractice suits promote patient safety’

Commentary on Joanna C Schwartz, ‘A Dose of Reality for Medical Malpractice Reform’, NYU Law Rev (forthcoming), available at SSRN. “Discussions of patient safety often begin with the depressing statistic that 98,000 Americans die every year due to hospital medical error. From there, they may veer toward a conversation about the culture of silence that […]

Online Symposium on Oren Bar-Gill’s Seduction By Contract, Part I: Credit Cards

“This is the first in a series of posts on Oren Bar-Gill’s recent book, Seduction by Contract: Law Economics, and Psychology in Consumer Markets. The contributions on the blog are written versions of presentations that were given last month at the Eighth International Conference on Contracts held in Fort Worth, Texas. This post is contributed […]

Oman and Solomon, ‘The Supreme Court’s Theory of Private Law’

Abstract: In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a […]

Jonathan DeBlois, ‘Restitutionary Recovery: The Appropriate Standard of Care for Emergency Rescue Reimbursement by Hikers’

“During the fiscal year ending in June 2009, there were 131 emergency rescues in New Hampshire at a total cost of about $175,000. Traditionally, in New Hampshire and elsewhere in the United States, the cost of these rescues would be borne by the government. The reasoning behind not charging individuals for rescue services was based […]