Monthly Archives: May, 2015

‘Private Law Theory, Honor, and Related Norms’

“Private law theorists usually adopt morality criteria when assessing the plausibility of a given theory. (For helpful assessment of these criteria, see Stephen A Smith, Contract Theory 13-24 (2004)). That said, private law sometimes incorporates concepts that are hard to square with the standard morality-based pictures of private law. Nathan Oman has recently argued that […]

Jan Smits, ‘Do Small Jurisdictions Have a More Complex Law? A Numerical Experiment in Constitutional and Private Law’

Abstract: It is commonly assumed that the size of a country’s population has nothing to do with the structure of the law. The law of larger jurisdictions is supposedly just as simple or complex as the law of smaller jurisdictions. However, this hypothesis has never been empirically tested. This is surprising in view of the […]

Bailey Kuklin, ‘Constructing Autonomy’

Abstract: Legal and moral norms have strengthened their protection of individual autonomy over the centuries. The emphasis and impressions by most scholars regarding this progress have, nonetheless, often been misleading. It is not that we have developed better standards by which to protect a pre-existing notion of autonomy. This puts the endeavor backwards. It is, […]

Matteo Fornasier, ‘The Impact of EU Fundamental Rights on Private Relationships: Direct or Indirect Effect?’

Abstract: Traditionally, the primary goal of fundamental rights has been to limit the power of the state over individuals. However, it is undisputed in most legal orders today that fundamental rights also have an impact on the relationship between private parties. The present paper looks at how the fundamental rights guaranteed at the level of […]

‘The Supreme Court on Public v Private Law’

“While we debate the nature of the distinction – or the lack thereof – between public and private law, perhaps we should take note that the US Supreme Court has recently decided the issue. Well, not by a long shot, of course, but in Teva Pharmaceuticals USA, Inc v Sandoz, Inc, 135 S Ct 831 […]

Seminar: Vicarious Liability and Non-delegable Duties: Bloomsbury Publishing, London, 25 September 2015

“This timely seminar run by the editors of Journal of Professional Negligence will examine the current state of vicarious liability and non-delegable duties in the light of the Supreme Court decisions in Various Claimants v Catholic Child Welfare Society and Woodland v Essex County Council and discuss the fundamental questions raised by those decisions, and […]

Doctoral Students / Postdoctoral Researchers at Max-Planck-Institute for European Legal History, Frankfurt/Mai in Germany – closing date 12 June 2015

“We are looking to recruit up to six Doctoral Students and five Postdoctoral Research Associates from 1 October 2015 or as soon as possible thereafter for the following research fields in the department of Professor Stefan Vogenauer: (1) Legal Transfer in the Common Law World; (2) Legal History of the European Union … Your research […]

‘Contract Law Present and Future: A Symposium to Honor Professor Charles L Knapp on Fifty Years of Teaching Law’

Hastings Law Journal, Volume 66, Issue 4 (May 2015) – Symposium issue – online here. Carol L Chomsky, ‘Casebooks and the Future of Contracts Pedagogy’ Thomas W Joo, ‘Under the Sun: Casebooks and the Future of Contracts Teaching’ William J Woodward, Jr, ‘Contraps’ Jay M Feinman ‘The Duty of Good Faith: A Perspective on Contemporary […]

Magda Raczynska, ‘An Uneasy Case of Multiple Tracing Claims in English Law’

Abstract: This paper looks at issues arising in relation to multiple claims contingent on tracing and following. Where a person grants a security interest in an asset in favour of a lender and subsequently sells the asset to a third party without the secured creditor’s consent, a question arises whether the secured creditor may be […]

Richard Ausness, ‘Sherlock Holmes and the Problem of the Dead Hand: The Modification and Termination of “Irrevocable” Trusts’

Abstract: This Article is about the modification and termination of so-called ‘irrevocable’ trusts. A trust may be made irrevocable at the time of its creation or it may become so at a later time. A testamentary trust is one that is embodied in a will and becomes effective at the testator’s death. Since the testator […]