Monthly Archives: September, 2013

Samuel Bray, ‘The Myth of the Mild Declaratory Judgment’

Abstract: When plaintiffs in an American court seek prospective relief, they usually request an injunction, a declaratory judgment, or both. The fact that plaintiffs often choose between these remedies, or decide to seek both together, raises an obvious question. What is the difference between them? The standard answer is that the declaratory judgment is milder […]

Dari-Mattiacci and Guerriero, ‘Endogenous Property Rights’

Abstract: Albeit the relevance of property rights is well known, their determinants are still poorly understood. When property is fully protected, some buyers with valuation higher than that of original owners are inefficiently excluded from trade due to transaction costs. When protection of property is weak, low-valuation buyers inefficiently expropriate original owners. The trade-off between […]

Thomas McSweeney, ‘Property Before Property: Romanizing the English Law of Land’

Abstract: We tend to treat the idea of property as if it is a neutral way to speak about the relationship between people and things. In comparative legal studies, it is easier to compare two different cultures’ approaches to people and things when we assume that both can usefully be spoken of in terms of […]

De Mot and Stein, ‘Allocation of Errors and the Architecture of Liability’

Abstract: Our civil liability system affords numerous defenses against every single violation of the law. A successful assertion of one of the many defenses by a defendant guarantees her a victory in court. This architecture of civil liability is fundamentally incompatible with the fact that courts are not immune from errors. When a court erroneously […]

Law and Contemporary Problems: Special number on ‘The Public Dimension of Contract’

Bertram Lomfeld and Dan Wielsch, ‘Foreword’; Bertram Lomfeld, ‘Contract as Deliberation’; Hanoch Dagan, ‘Autonomy, Pluralism, and Contract Law Theory’; Thomas Gutmann, ‘Some Preliminary Remarks on a Liberal Theory of Contract’; Florian Rödl, ‘Contractual Freedom, Contractual Justice, and Contract Law (Theory)’; Hugh Collins, ‘The Vanishing Freedom to Choose a Contractual Partner’; Lorenz Kähler, ‘Contract-Management Duties as […]

Just published: Alan Calnan, The Right to Civil Defense in Torts

“According to conventional wisdom, the tort system is a hallowed place where injured victims receive their venerable day in court so they can right the wrongs committed against them. Unfortunately, this assumption is not necessarily true. When first filed, every tort action actually begins as an aggressive, state-assisted assault upon the liberty of the accused. […]

Just Published: Hanoch Dagan, Reconstructing American Legal Realism & Rethinking Private Law Theory

“Demonstrates how legal realism developed a rich account of law by drawing upon the texts of Holmes, Cardozo, and Llewellyn; explains why those who claim to be modern legal realists have deviated from its legacy; expands the application of legal realism and reasoning to a contemporary understanding of legal theory; analyzes a range of core […]

Mairead Enright, ‘The Political in the Contract Classroom’

“When we started ‘The Public Life of Private Law’ one of the conversations we wanted to have with participants, and with others following the series, was about teaching private law from a critical perspective. In particular, we wanted to think about how those of us who fell into teaching private law through a mixture of […]

KCON9 – The 9th Annual Conference on Contracts – Florida, 21-22 February 2014

“The Ninth International Conference on Contracts will bring together scholars who teach and work in the areas of contract law and practice for two days of panels and scholarly presentations. The Conference is unique in the breadth of its coverage of contract-related issues and its mix of senior and junior scholars. One of its chief […]

Pierre Schlag, ‘Coase Minus the Coase Theorem – Some Problems with Chicago Transaction Cost Analysis’

Abstract: In law as well as economics, the most well-known aspect of Coase’s “The Problem of Social Cost,” is the Coase Theorem. Over the decades, that particular notion has morphed into a crucial component of Chicago law and economics — namely, transaction cost analysis. In this Article, I deliberately bracket the Coase Theorem to show […]