Monthly Archives: April, 2014

Hector MacQueen, ‘The Europeanisation of Contract Law and the Proposed Common European Sales Law’

Abstract: A critical discussion of the rise of European contract law and in particular the proposed Common European Sales Law, comparing it with the UK’s Sale of Goods Act 1979 both historically and substantively. MacQueen, Hector Lewis, The Europeanisation of Contract Law and the Proposed Common European Sales Law (April 24, 2014). LA Dimatteo, S […]

Anne Bloom, ‘Plastic Injuries’

Abstract: Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn […]

Jonathan Yovel, ‘From Status to Contract: The Unhappy Case of Johann Sebastian Bach’

Abstract: In May of 1723, Johann Sebastian Bach was appointed Musical Director and Cantor of the Thomasschule, the city musical academy, in the mercantile city of Leipzig, a laboratory for an emerging self-conscious urban bourgeoisie. Bach departed from a tiny 1700s feudal court, moving to a devout, materialistic, new-money city ecstatic with the sense of […]

Hector MacQueen, ‘Public Law, Private Law and National Identity’

Abstract: Analysis of law as a badge of national identity, with particular reference to the example of Scots law, where private law and criminal law are more commonly invoked in this context than public law. The paper takes a historical approach to its subject and concludes by discussing whether private law is fundamentally a-national or […]

Lybecker and Watkins, ‘Liability risk in the pharmaceutical industry: Tort law in the US and UK’

Abstract: This paper examines the extent to which product liability risk contributes to the high costs of pharmaceuticals in the United States relative to prices in the United Kingdom. Research on pharmaceutical prices rarely accounts for the impact of liability risk, and none that we are aware of compares the United States and United Kingdom. […]

Daniel Kelly, ‘The Right To Include’

Abstract: Recent scholarship has created renewed interest in the “right to exclude”. Many contend that, because owners have a right to exclude, private property has a tendency to promote individualism and exclusion. But, as I will argue, property can promote sociability and inclusion by providing owners with various ways of including others. Owners can assert […]

Ralf Michaels, ‘Private Lawyer in Disguise? On the Absence of Private Law and Private International Law in Martti Koskenniemi’s Work’

Introduction: “Human rights are like love”, Koskenniemi suggests, “both necessary and impossible”. An eccentricity? Equations of law and love may seem like the stuff of poets, not legal theorists, let alone practitioners. And yet, Koskenniemi, the leading public international lawyer, finds among legal theorists an unlikely ally in his claim that law and love are […]

Patrick Goold, ‘Corrective Justice and Copyright Infringement’

Abstract: This Article demonstrates that one important goal of copyright infringement cases is the achievement of corrective justice. The importance of corrective justice to the copyright system is demonstrated by the law’s continual reliance on a bilateral litigation model. Sadly, because scholars and lawmakers often conceive of copyright in solely economic terms, corrective justice is […]

Steven Feldman, ‘Expanded Merchant Tort Liability, Democratic Degradation, and Mass Market Standard Form Contracts – A Critique of Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law, Part Two’

Abstract: With her 2013 book, Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law, Professor Margaret Jane Radin weighs in on the discussion regarding boilerplate contracts. In a complement to existing contract remedies against abusive boilerplate, she proposes a new tort that she calls “intentional deprivation of basic legal rights.” She also identifies […]

Tess Wilkinson‐Ryan, ‘Demand for Breach’

Abstract: These studies elicit behavioral evidence for how people weigh monetary and non-monetary incentives in efficient breach. Study 1 is an experimental game designed to capture the salient features of the efficient breach decision. Subjects in a behavioral lab were offered different amounts of money to break the deal they had made with a partner. […]