Monthly Archives: October, 2014

David Thorpe, ‘Adolescent Negligence, “Obvious Risk” and Recent Developments in Neuroscience’

Abstract: Recent neuroscience research reveals that the human brain undergoes structural changes at the onset of puberty which predispose adolescents to physical risk-taking that in certain circumstances is difficult, if not impossible, to control. The implications of this research in respect to negligence under state civil liability legislation are considered in this article. Thorpe, David, […]

Conference: Corporate Accountability and Access to remedies for Corporate Wrongs: University of Bristol Law School, 8 November 2014

Registration closes on 5th November, register here for the event. There is no charge to attend the conference. This conference explores the challenges of holding business actors, in particular corporations, to account in terms of their social, environmental and human rights performance and making sure that they comply with relevant guidelines, principles and codes. There […]

Research Assistant/ Research Associate / Research Fellow in Intellectual Property, National University of Singapore

The Centre for Law and Business is inviting applications from suitable candidates to carry out research on intellectual property law, particularly on patents. Subject to the standard NUS terms as to annual leave, the appointed candidate will be expected to be in residence throughout the term of his or her appointment … (more)

Paul Daly, ‘The Policy/Operational Distinction – a View from Administrative Law’

Abstract: We can all doubtless agree that government action that causes harm to individuals should result in liability, save where officials have had to make difficult decisions in balancing complex economic, social, cultural and political considerations. Drawing a line between government action that gives rise to liability and government action that does not is, however, […]

Paul Heald, ‘How Copyright Keeps Works Disappeared’

Abstract: A random sample of new books for sale on Amazon.com shows more books for sale from the 1880s than the 1980s. Why? This article presents new data on how copyright stifles the reappearance of works. First, a random sample of more than 2,000 new books for sale on Amazon.com is analyzed along with a […]

Wei Zhang, ‘Understanding the Law of Torts in China: A Political Economy Perspective’

Abstract: In this paper, I tried to connect the text of the Chinese tort law with the institutional context of lawmaking in China from a political economy perspective. Two determinants, political influence and populist pressure, were identified for the tort law legislation in China, and a simple spatial model was presented to demonstrate the mechanism […]

‘How Tort “Reform” Ruins Health Care for Everyone’

“Ebola-infected Thomas Eric Duncan was misdiagnosed in an emergency room and sent home in Texas, a state where patient safety deteriorated significantly when hospital emergency rooms were immunized for negligence. Beloved comedian Joan Rivers died during an office-based procedure in New York, where an extraordinary 12% of adverse events during such procedures result in death […]

Review of Tort Law Defences by James Goudkamp

“The subject of defences in tort law is one that has been surprisingly under-explored in torts scholarship – until now. In this very significant and thought-provoking book, James Goudkamp offers a fresh conceptualisation of the law governing tort defences, and does so with a rigour and energy that make the book a challenging yet highly […]

Nancy Kim, ‘Boilerplate and Consent’

“In Margaret Jane Radin’s book, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, Radin argues that boilerplate is a social problem leading to normative and democratic degradation of important rights. Although practitioners typically refer to “boilerplate” as the miscellaneous, standardized provisions at the end of a contract, Radin uses the term to […]

Conference: The Evolution of European Private International Law – Coherence, Common Values and Consolidation: Queen Mary University of London, 25-26 November 2014

The last decade has seen a number of important legislative developments in the field of European private international law and cross-border litigation, including the Rome I-III Regulations, the Brussels I (Recast) and Brussels II bis Regulations, the Succession Regulation, and other instruments in the area of civil procedure. As these legislative initiatives were introduced at […]