Monthly Archives: August, 2014

Cass Sunstein, ‘Choosing Not to Choose’

Abstract: Choice can be an extraordinary benefit or an immense burden. In some contexts, people choose not to choose, or would do so if they were asked. For example, many people prefer not to make choices about their health or retirement plans; they want to delegate those choices to a private or public institution that […]

Chantal Mak, ‘On Beauty and Being Fair: The Interaction of National and Supranational Judiciaries in the Development of a European Law on Remedies’

Abstract: On the basis of an analysis of the Spanish case of Aziz v. Catalunyacaixa, this paper seeks to clarify the role of judges in the making of European private law. Building on Hans Micklitz’s work on the normative design of this field of law, it is submitted that national judges in civil cases may […]

Giuseppe Bellantuono, ‘Contract Law and Regulation’

Abstract: This chapter, to be published in a collection of essays on comparative contract law, maps the interplay between the field of traditional contract law and the field of regulation. The main argument is that every regulatory state has to deal with the governance issues involved in such an interplay. Those issues include the choice […]

Maurizio Sciuto, ‘The Network Contract in Italy: A Third Route between “Contract” and “Organisation”?’

Abstract: The Italian legislator, the first out of all European legislators, has recently pursued giving separate legal relevance to the Network contract as such concerning its external relevance and consequently in relations between the network as such and third parties. In particular, the activity carried out through the network operates therefore on the market by […]

Birke Häcker, ‘Mistaken Gifts after Pitt v Holt

Abstract: In Pitt v Holt [2013] UKSC 26, the Supreme Court ruled on the conditions under which a voluntary deed can be set aside for spontaneous mistake. This article explores the ramifications of the decision for the law of mistaken gifts more generally. It examines the suggestion that Pitt v Holt establishes (or confirms the […]

Stephen Clowney, ‘Rule of Flesh and Bone: The Dark Side of Informal Property Rights’

Abstract: Is the state really necessary? Social norms scholars have long argued that, in the absence of a strong central government, local communities can fashion orderly rules to distribute property entitlements and regulate their enforcement. At its core, this Article argues that while the legal scholarship has fully explored the benefits of social norms, academics […]

Lorna Fox O’Mahony, ‘Property Outsiders and the Hidden Politics of Doctrinalism’

Abstract: Of all areas of law, it is property, particularly as it relates to housing and home, which affects people most consistently and directly. Yet, while people are intensely interested in property, the laws, doctrines, and policies that govern the acquisition, accumulation, management, and transfer of resources variously operate to conceal their effects on (some […]

Andrew Tettenborn, ‘Codifying Contracts – An Idea Whose Time has Come?’

Abstract: Arguments for codifying English law are long-standing. In the present article, it is suggested that the time has come to produce a code for one area of law that is pre-eminently case-law based, namely contract law. This is for a number of reasons. Notably, the law in its present uncodified state is increasingly uncertain, […]

Veerle Van Den Eeckhout, ‘The Instrumentalisation of Private International Law by the European Institutions: Quo Vadis? Rethinking the ‘Neutrality’ of Private International Law in an Era of Europeanisation of Private International Law and Globalisation’

Abstract: PIL issues are conspicuously often interwoven with a number of heated, topical socio-legal debates, see for example the debate on transnational corporate social responsibility, the debate on posting of employees from Eastern to Western Europe, the debate on residency and social-security entitlements of foreigners based on family relationships. The question arises what position PIL […]

Jeffrey Pojanowski, ‘Reading Statutes in the Common Law Tradition’

Abstract: There is wide agreement in American law and scholarship about the role the common law tradition plays in statutory interpretation. Jurists and scholars of various stripes concur that the common law points away from formalist interpretive approaches like textualism and toward a more creative, independent role for courts. They simply differ over whether the […]