Monthly Archives: March, 2016

Zvi Triger, ‘For the Love of Contract’

“Martha Ertman’s new book, Love’s Promises: How Formal and Informal Contracts Shape All Kinds of Families, explores the role of contracts within the family. It shows that contracts shape today’s families and argues that family law should acknowledge that and recognize such contracts. This review essay addresses the dramatic paradigm shifts that have been occurring […]

‘English Governing Law Clauses and English Jurisdiction Clauses: Should Commercial Parties Change Their Approach?’

“We have prepared two short papers looking at the potential impact of Brexit on English governing law clauses and English jurisdiction clauses. In these papers we assess whether a decision by the UK to leave the European Union would make English governing law and jurisdiction clauses less attractive to commercial parties. English law and the […]

Black, Chung, Traczynski, Udalova and Vats, ‘Medical Liability Insurance Premia 1990-2015: Dataset, Literature Review, and Summary Information’

Abstract: This document and the accompanying datasets provide six things: (i) a dataset covering 26 years (1990-2015) of medical malpractice (‘med mal’) insurance premia, compiled with extensive data cleaning from the only available source for these rates, annual surveys conducted by Medical Liability Monitor (MLM); (ii) an accompanying codebook; (iii) the Stata code we use […]

Gregory Selarz, ‘Punitive Damages For Texting While Driving’

Introduction: “… Typically, texting and driving is more akin to these other distractions and should not warrant punitive damages. However, there are situations where the conduct of the driver is so abhorrent that such distracted driving is closer to impaired driving like intoxicated driving; thus, justifying punitive damages. The hypothetical automobile accident referenced above as […]

Robin Bradley Kar, ‘Contract as Empowerment: The Basic Theory’

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 […]

Lauren Geisser, ‘Risk, Reward, and Responsibility: A Call to Hold UberX, Lyft, and Other Transportation Network Companies Vicariously Liable for the Acts of Their Drivers’

Introduction: … This Note will put forth a framework proposing that even if T[ransportation] N[etwork] C[ompanies] drivers are defined as independent contractors, TNCs should still be held vicariously liable for the actions of their drivers on a theory of vicarious liability. Traditional tests defining worker status can no longer stand in this new world of […]

Farshad Ghodoosi, ‘The Concept of Public Policy in Law: Revisiting the Role of the Public Policy Doctrine in the Enforcement of Private Legal Arrangements’

Abstract: The doctrine of public policy is a channel through which public law enters private law and bars it from actualizing its normal legal consequences. Although public policy is an old doctrine in common law and other legal systems, it is not clear which aspects of public law can enter the arena of contract (private) […]

Steven Burton, ‘Collapsing Illusions: Standards for Setting Efficient Contract and Other Defaults’

Abstract: In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting efficient default rules and standards. Based on two theoretical insights, he shows that three of them collapse upon analysis into the fourth, a Coasian standard that turns out to be a dead end. The theoretical upshot is that the Coase […]

Goudkamp and Ihuoma, ‘A Tour of the Action in Negligence’

Abstract: This article addresses the Court of Appeal’s recent decision in Dunnage v Randall. Dunnage is a landmark ruling. It has ramifications for virtually every facet of the tort of negligence, including defences thereto. In particular, it has a bearing on the objective standard of care and the concept of involuntariness. The decision is perhaps […]

Tanya Marsh, ‘Because of Winn-Dixie: The Common Law of Exclusive Use Covenants’

Abstract: As a condition of entering into a lease for space in a shopping center, tenants with significant bargaining power often require landlords to promise that no other occupant of the shopping center will sell certain goods or services. This promise, contained in the lease, is known as an ‘exclusive use covenant’ because it establishes […]