Monthly Archives: May, 2014

Margaret Radin, ‘Of Priors and of Disconnects’

Abstract: This essay is a response to Professor Michelle E Boardman’s piece, 127 Harvard Law Review 1967 (2014), reviewing my book, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law (Princeton 2013). I argue for the perhaps self-evident proposition that intellectual preconceptions (‘priors’) can skew one’s understanding of a text, and in particular, […]

Hoofnagle and Urban, ‘Alan Westin’s Privacy Homo Economicus’

Abstract: Homo economicus reliably makes an appearance in regulatory debates concerning information privacy. Under the still-dominant US ‘notice and choice’ approach to consumer information privacy, the rational consumer is expected to negotiate for privacy protection by reading privacy policies and selecting services consistent with her preferences. To be tenable as a protection for consumer interest, […]

Eyal Zamir, ‘Cognitive Psychology, Commonsense Morality, and the Law’

Abstract: Prospect theory posits that people perceive outcomes as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Chapter 6 of the book argues that loss aversion can explain basic features of entire legal […]

Micklitz and Reich, ‘The Court and Sleeping Beauty: The revival of the Unfair Contract Terms Directive (UCTD)’

Abstract: The paper gives an overview of the increased litigation leading to innovative case law of the ECJ concerning the scope and effects of the Unfair Contract Terms Directive (Directive 93/13/EEC) on consumer contracts, in particular financial services and services in the general economic interest. The originally limited impact of the Directive on Member State […]

Cooter and Porat, ‘Disgorgement for Accidents’

Abstract: Under the usual tort rules, damages for an accident equal the victim’s loss (compensation), and damages for an intentional wrong equal the injurer’s gain (disgorgement). This paper departs from current law by advocating disgorgement damages for accidents (DDA). When damages disgorge perfectly for accidents, injurers do not expect to gain or lose from untaken […]

Tsachi Keren-Paz, Sex-Trafficking: A Private Law Response, Keele University, 3 June 2014

An author meets reader event: Tsachi Keren-Paz, Keele University, Sex-Trafficking: A Private Law Response (Routledge: 2013). 3 June 2014, CBC.2.028, Moot Court Room, Keele University, 1.30-4.00 pm Readers: Roderick Bagshaw, Oxford University Katie Cruz, Keele University Nikki Godden, Newcastle University Chair: John Danaher Programme: 13:30 – 13:45: Chair’s introduction and author’s overview of the book […]

Just published: Nationalism and Private Law in Europe by Guido Comparato

While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors […]

Conference: Understanding Legal Reasoning: A Role for History and Philosophy in Modern Private Law, University of Groningen, 11-12 September 2014

The privileged flow of communication which used to link private lawyers to legal historians and philosophers is nowadays reduced to a trickle. Today, most private lawyers, influenced by a European trend in higher education which encourages specialisation at the expense of foundational subjects, ask themselves why historical and philosophical modules have not yet been removed […]

Adam Hofri-Winogradow, ‘The Stripping of the Trust: A Study in Legal Evolution’

Abstract: The law of trusts has spent the last twenty years rapidly shedding many traditional requirements, forms and restrictions which imposed liability on negligent trustees, protected vulnerable beneficiaries and prevented the use of trusts to avoid the claims of settlors’ and beneficiaries’ creditors, including their spouses, their children, and their governments. This article studies seven […]

Laura King, ‘Narrative, Nuisance, and Environmental Law’

Introduction: In this paper, I address the early climate change impact claims that sounded in nuisance, such as Comer v. Murphy Oil and Native Village of Kivalina v. Exxon Mobil. I propose that nuisance law and the litigation process allowed for the shaping and broadcasting of a new narrative that helped both to break new […]