Monthly Archives: October, 2013

Anat Rosenberg, ‘Contract’s Meaning and the Histories of Classical Contract Law’

Abstract: This paper argues that histories of nineteenth-century contract have been implicated in the creation of a questionable historical artifact: the story of a single meaning of contract at the decisive era for modern contract law’s development, a story intimately tied with atomistic individualism. The paper traces how the consensus has been built and kept […]

Nadezhda Purtova, ‘Illusion of Personal Data as No One’s Property: Reframing the Data Protection Discourse’

Abstract: This contribution argues that the possibility to frame a European (and for that matter, any other) data protection regime without dealing with the issue of property rights in personal data is an illusion. The paper shows that – as long as personal data bears high economic value – the real question is not ‘if […]

Jan Kabel, ‘Intellectual Property and Social Justice’

Abstract: The main goal of this chapter is to explore the relation between intellectual property and social justice. Particularly, the aim is assessing the impact of the former on the shaping of the latter. Hence, and after summarising a possible approach to social justice, the special characteristics of intellectual property goods as semi-public goods will […]

Symposium: Allan Beever on Tort Law and Political Philosophy, Newcastle Law School, 12 November 2013

10am-11am: Allan Beever (School of Law, University of South Australia) on Tort law and Political Philosophy, with a response from David Campbell (Lancaster Law School).  11am-11.20am: Coffee.  11.20am-12.20pm: TT Arvind on Tort and the Common Law Tradition, with a response from Allan Beever.  12.20pm-1.20pm: Lunch.  1.20pm-2.20pm: Emilia Mickiewicz and Patrick O’Callaghan on tort law and […]

Haochen Sun, ‘Copyright and Responsibility’

Abstract: This Article argues that the ethics of responsibility should be hailed as an intrinsic value undergirding copyright law. It considers how and why copyright law should be reformed to embrace a strong vision of copyright holders’ responsibilities. To this end, it calls for a more dynamic vision regarding the nature of copyrighted works. A […]

Kit Barker, ‘Damages Without Loss – Can Hohfeld Help?’

Abstract: This paper focuses on a tricky and much debated puzzle: what is the proper explanation of cases in which courts make substantial (non-nominal) awards of damages to plaintiffs whose rights have been infringed, but who do not appear to have suffered any factual loss as a result of the infringement? An example on which […]

Goldberg and Zipursky, ‘The Fraud-on-The-Market Tort’

Abstract: Fraud on the market is at the core of contemporary securities law, permitting 10b-5 class actions to proceed without direct proof of investor reliance on a misrepresentation. Yet the ambiguities of this idea have fractured the Supreme Court from its initial recognition of the doctrine in Basic v. Levinson to its recent decision in […]

New-bilingualism in EU Private Law

“In the past days I have been thinking about the language that we use when we debate questions of European private law. This is, of course, connected to the language that we use in our law schools and in our research. Unfortunately, from my point of view, this is usually the national language only. In […]

William LaPiana, ‘Filling in the blanks’

“Adam J Hirsch, ‘Incomplete Wills’, 111 Michigan Law Review 1423 (2013). In his latest article, Incomplete Wills, Professor Adam Hirsch undertakes an elaborate analysis of the law governing the disposition of the portion of the testator’s probate estate undisposed of by the testator’s will. The breadth and depth of the research on which the article […]

Charles Knapp, ‘Unconscionability in American Contract Law: A Twenty-First Century Survey’

Abstract: The notion that a court tasked with enforcing a private agreement should be allowed – or even, in some cases, required – to withhold enforcement because of the unfairness of the agreement is not a new one; scholars have traced it back well beyond the earliest days of the Anglo-American legal system. In the […]