Monthly Archives: July, 2013

Viscusi and McMichael, ‘Shifting the Fat-Tailed Distribution of Blockbuster Punitive Damages Awards’

Abstract: The distribution of blockbuster punitive damages awards has fat tails similar to the distributions of losses from natural disasters. Extremely large awards occur more often and are more difficult to predict than if blockbuster awards were distributed normally. The size and predictability of awards are important factors in the U.S. Supreme Court’s decisions on […]

Daniela Caruso, ‘Qu’ils mangent des contrats: Rethinking Justice in EU Contract Law’

Abstract: The concern for justice in the context of EU contract law was central to a scholarly initiative that led, in 2004, to the publication of a Social Justice Manifesto. The Manifesto had the explicit goal of steering the Commission’s harmonization agenda away from purely neoliberal goals and towards a socially conscious law of private […]

Adam Abelkop, ‘Tort Law as an Environmental Policy Instrument’

Abstract: Policymakers aiming to tackle any environmental problem have a diverse tool chest of policy instruments at their disposal, including command and control regulations, taxes, marketable allowance, and liability entitlements. Scholars of public health and safety have been debating the effectiveness of tort law as a regulatory tool for decades. The legal literature on this […]

Kate Greenwood, ‘”Litigant Regulation” of Physician Conflicts of Interest’

Abstract: While physicians’ financial relationships with pharmaceutical and medical device manufacturers are increasingly of concern to legislators and regulators, plaintiffs have had only limited success pursuing private law remedies for the harms that result from conflicts of interest. Courts have long channeled individual patients’ claims against their conflicted doctors into the medical malpractice cause of […]

Khoury, Couture-Ménard and Redko, ‘The Role of Private Law in the Control of Risks Associated with Tobacco Smoking: The Canadian Experience’

Abstract: Can private law litigation serve as a tool for advancing public health objectives? With this contentious and oft-asked question in mind, this text tackles Canada’s recent tobacco litigation. This Article first presents critical commentary regarding various lawsuits waged against Canadian cigarette manufacturers by citizens acting as individuals or as parties to class action lawsuits. […]

Alan Calnan, ‘Defenseless Self-Defense: An Essay on Goldberg and Zipursky’s “Civil Recourse Defended”‘

Abstract: In a recent symposium held by the Indiana Law Journal, Professors John CP Goldberg and Benjamin C Zipursky provide a spirited defense of their theory of civil recourse, which sees the tort system exclusively as a means of empowering victims of wrongs. This essay assails that defense, finding it curiously defenseless in two related […]

Nadia Sawicki, ‘A New Life for Wrongful Living’

Abstract: A patient has an indisputable right under federal and state laws to set forth her wishes for end-of-life medical care in an advance directive or other legal document, or by way of a health care proxy. Such directives are legally binding in that they can be used to enjoin a medical provider from administering […]

David Fagundes, ‘Efficient Copyright Infringement’

Abstract: Copyright infringement is said to be socially costly because it robs owners of due recompense and depresses incentives for creative production. This Article contends that, in order to achieve copyright’s goal of maximizing cultural production, this dominant story of infringement’s costs requires alongside it a counter-story identifying the rare but important instances where copyright […]

Joseph Singer, ‘The Rule of Reason in Property Law’

Abstract: Empirical analysis of the way property rules operate in real cases demonstrates that standards perform core functions in the property law system. Contrary to the intuitive view, rules do not always promote predictability. Because justified expectations are based on both informal and formal sources, predictability will sometimes be improved by framing property doctrines in […]

Allan Beever, ‘A Theory of Contract Formation’

Abstract: The law reviews and library shelves are replete with theories of contractual obligation. These theories standardly attempt to explain why contracts are binding and why breach of contract generates the legal response that it does. Much less discussed is contract formation. How, precisely, is it that contracts are formed? This lack is perhaps the […]