Monthly Archives: February, 2015

Christopher Robinette, ‘Party Autonomy in Tort Theory and Reform’

Abstract: Tort theory has been dominated by a debate between scholars who view tort law as rooted in individualized justice and scholars who argue tort law is an instrument of social policy. This dialogue has distracted scholars from the more important issue of how to properly separate cases worthy of individualized justice treatment from those […]

Jason Varuhas, ‘The Evolution of the Damages Remedy Under the New Zealand Bill of Rights Act 1990: From Torts to Administrative Law’

Abstract: This paper charts the development of the damages remedy under the New Zealand Bill of Rights, from its inception in Baigent‘s Case, to one that looked as though it may develop along tort-based lines in the case of Dunlea, and more recently towards what might be described as an ‘administrative law’ or ‘public interest’ […]

Zemach and Ben-Zvi, ‘The Aesthetics of Contract Theory’

Abstract: This Article offers a novel descriptive theory of contract scholarship that focuses on the aesthetics of various contract theories. Following Pierre Schlag, we explore aesthetics as pre-theoretical commitments that determine the form (but not the substance) of legal discourse. The Article explores four leading contract theories – promissory, reliance, economic and pluralistic conceptions of […]

Anna di Robilant, ‘Populist Property Law’

Abstract: This article tells the story of the National Reformers’ Association and the National Farmers’ Alliance. These 19th century American movements represented the ‘little guys’ – workers and farmers – and used their folk legal imagination to develop new property forms that would solve their most pressing needs by improving access to key economic resources. […]

Richard Hedlund, ‘The Theological Foundations of Equity’s Conscience’

Abstract: This article explores the misunderstood and criticized concept of ‘conscience’ in English equity. The article will argue that equity’s conscience can be better understood through the lens of scholastic theology, based on the medieval link between the Chancery and the Church. The article will explore the scholastic conscience and the views of some of […]

Conference: EU Charter of Fundamental Rights and European Contract Law: Oxford, 26-27 June 2015

The next SECOLA Conference will take place on 26 and 27 June 2015 in Oxford on the topic of: EU Charter of Fundamental Rights and European Contract Law … (more) [SECOLA, February]

Robin Kar, ‘Contract as Empowerment’

Abstract: This Article offers a novel interpretation of contract law, which I call ‘Contract as Empowerment’. On this view, contract law is neither a mere mechanism to promote efficiency nor a mere reflection of any familiar moral norm — such as norms of promise keeping, property, or corrective justice. Contract law is instead a mechanism […]

May and Cooper, ‘Reaffirming the Foundations of IP Rights: Copyright and Patent in the Antebellum Era’

Abstract: This paper is part of a series of papers exploring various facets of the constitutional foundations of intellectual property law. In American constitutionalism the Antebellum era is important not for staking out new principles, but for developing and applying those principles already established in the written Constitution. Generally considered the period from before the […]

Julie Cohen, ‘What Kind of Property is Intellectual Property?’

Abstract: This Article considers the historical, conceptual, and doctrinal implications of applying the ‘property’ label to rights in intellectual goods. Julie E Cohen, What Kind of Property is Intellectual Property? Houston Law Review 52(2) 691 (2014).

Shyamkrishna Balganesh, ‘Copyright and Good Faith Purchasers’

Abstract: Good faith purchasers for value — individuals who unknowingly and in good faith purchase property from a seller whose own actions in obtaining the property are of questionable legality — have long obtained special protection under the common law. Despite the seller’s own actions being tainted, such purchasers obtain valid title themselves and are […]