Monthly Archives: December, 2014

Diego Papayannis, ‘Probabilistic Causation In Efficiency-Based Liability Judgments’

Abstract: In this paper I argue that economic theories have never been able to provide a coherent explanation of the causation requirement in tort law. The economic characterization of this requirement faces insurmountable difficulties, because discourse on tort liability cannot be reduced to a cost-benefit analysis without a loss of meaning. More seriously, I try […]

Avihay Dorfman, ‘Negligence and Accommodation: On Taking Others as They Really Are’

Abstract: Disagreements over the morality and the efficiency of the standard of reasonable care are at the root of the study of negligence law (and, perhaps, tort law as a whole). They typically proceed as though the most important question that needs to be addressed is that of the content of this standard, namely, the […]

Hrdy and Picozzi, ‘The Trespass Fallacy’s Limits’

Abstract: In his engaging essay, The Trespass Fallacy in Patent Law, Professor Adam Mossoff challenges the reasoning of prominent commentators who criticize the patent system on the basis that patent claims are not as clear and determinate as real property boundaries. Professor Mossoff’s essay reminds us that whether uncertainty in patent law is grounds for […]

Jaime Dodge, ‘Privatizing Mass Settlement’

Abstract: … The Article explores the reasons that, contrary to traditional wisdom, defendants would voluntarily settle claims. It argues that in cases of clear culpability, defendants can mitigate the harm to corporate reputation and reassure shareholders. But, these settlements can also operate at the opposite end of the spectrum, with far more substantial consequences. Correctly […]

Michael Faure, ‘Climate Change Adaptation and Compensation’

Abstract: This chapter focuses on one particular aspect of adaptation to climate change, being the fact that climate change can create large losses. The paper addresses the question how compensation for those losses can be generated. After sketching a few general principles the paper addresses the pros and cons of different compensation mechanisms, in turn […]

Derek Khanna, ‘Guarding Against Abuse: The Costs of Excessively Long Copyright Terms’

Introduction: … This Essay will start by identifying the original public meaning of the copyright clause in the Constitution and then argue that restoring constitutional copyright is up to Congress to fix. It will show how a dedicated group of special interests has systematically distorted this system since 1790, specifically since the 1970’s. Then it […]

Rosenberg and Spier, ‘Incentives to Invest in Litigation and the Superiority of the Class Action’

Abstract: We formally demonstrate the general case for class action in a rent-seeking contest model, explaining why separate action adjudication is biased in the defendant’s favor and collective adjudication is bias free. Separate action bias arises from the defendant’s investment advantage in capitalizing on centralized control over the aggregate (classwide) stake in the common question […]

Conference: The CISG at 35 – Challenges Today: Georgetown University, 30 January 2015

On the occasion of the 35th anniversary of the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’), Georgetown’s Center on Transnational Business and the Law and the UNCITRAL Secretariat will host a one day event addressing the present status of the CISG and future options. Panelists will discuss trends in the […]

Jeff Todd, ‘The Poetics and Ethics of Negligence’

Abstract: This article applies the rhetorical theories of Kenneth Burke to show how the trope of the reasonably prudent person under the same or circumstances is a more effective – and more ethical – approach to negligence than negligence per se. Todd, Jeff, The Poetics and Ethics of Negligence (2013). California Western Law Review, Vol […]

Just published: Klass, Letsas and Saprai (eds), Philosophical Foundations of Contract Law

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as ‘the contract and promise debate’. Cutting to the heart of contemporary discussions, this volume […]