Monthly Archives: June, 2015

‘Exploring the Expressive Dimension of Inheritance Law’

Deborah S Gordon, Letters Non-Testamentary, 62 University of Kansas Law Review 585 (2014). We often get so caught up in the nooks and crannies of small corners of the doctrinal universe, examining tiny subsections of the Uniform Probate Code or the Uniform Trust Code with microscopic scrutiny, that we often forget about the big picture […]

‘How Should We Understand Private Law Concepts?’

“Given the recent blog debate about the distinctiveness of private law, I would like to raise a separate but related issue. Often, when we talk about what private law is, we are concerned with what separates private law from other fields – how do we distinguish private law from public law? But there is another […]

‘Equity and Efficiency in Rule Design’

Zachary D Liscow, Reducing Inequality on the Cheap: When Legal Rule Design Should Incorporate Equity as Well as Efficiency, 127 Yale Law Journal 2478 (2014). Great arguments aren’t always right, but they should be bold, persuasive, and force the scholarly community to respond by testing the arguments’ logic and limitations. In recent years, there are […]

Saunders and Rymsza, ‘Contract Formation and Performance Under the UCC and CISG: A Comparative Case Study’

Abstract: This case study explores various contracts law issues from the standpoints of the Uniform Commercial Code versus the Convention on the International Sale of Goods. Although the issues presented for discussion are relatively straightforward, the main focus is comparative so as to allow students to understand how application of the UCC or CISG can […]

Dimitar Gelev, ‘About Legal Notion of Possession’

Abstract: Possession is a legal institute which is treated in every civil or property law textbook in all civil law countries. However, despite numerous works devoted to it, one cannot say what possession precisely means: factual power over a thing, property right, authorization resulting from some kind of property right or something completely different. Gelev, […]

Emily Kadens, ‘The Medieval Law Merchant: The Tyranny of a Construct’

Abstract: The story of a medieval law merchant has a strong hold on scholars interested in private ordering. Despite numerous historical works demonstrating the falsity of the myth, it continues to be discussed regularly in scholarship as if it were an accurate portrayal of the past. This article tests the law merchant story against evidence […]

Yun-chien Chang, ‘Introduction to Law and Economics of Possession

Abstract: Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a […]

David Horton, ‘Wills Law on the Ground’

Abstract: Traditional wills doctrine was notorious for its formalism. Courts insisted that testators strictly comply with the Wills Act and refused to consider extrinsic evidence to construe instruments. Yet the 1990 Uniform Probate Code revisions and the Restatement (Third) of Property: Wills and Donative Transfers replaced these venerable bright-line rules with fact-sensitive standards in an […]

Samuel Bray, ‘The System of Equitable Remedies’

Abstract: The conventional wisdom is that the distinction between legal and equitable remedies is outmoded and serves no purpose. This Article challenges that view. It argues that the existing equitable remedies and remedy-related doctrines can be seen as a system. The components of this system fall into three categories: (1) equitable remedies, (2) equitable managerial […]

Ruiqiao Zhang, ‘A comparative study of the introduction of trusts into civil law and its ownership of trust property’

Abstract: A main characteristic of the common law trust is the concept of dual ownership. This concept establishes a distinction between a trustee’s legal ownership of the assets of the trust and a beneficiary’s equitable title to those same assets. In civilian systems, however, because ownership is considered absolute and indivisible, no similar division of […]