Monthly Archives: August, 2016

Herbert Kritzer, ‘Lawyers’ professional liability: comparative perspectives’

Abstract: Among the four mechanisms of discipline and regulation of legal professionals identified by David Wilkins, liability controls have received almost no attention from scholars who study legal professions. This paper presents a comparative analysis of what is known about lawyers’ professional liability drawing on reports concerning a group of 13 countries representing every continent. […]

Antonia Layard, ‘Public Space: Property, Lines, Interruptions’

Abstract: This paper suggests that public space in England is dominated by property thinking, partially addressed by lines and could be more frequent if we create interruptions. It understands the legal production of public space not as a two-dimensional designation but instead as a process, or a series of processes: spatial, legal, material and, crucially, […]

Hugh Breakey, ‘Two Concepts of Property: Ownership of Things and Property in Activities’

Abstract: Property in Activities is a distinct and integrated property-concept applying directly, not to things, but to actions. It describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. Property in Activities illuminates many of the vexing […]

Acciarri and Castellano, ‘Mandatory Third Party Insurance: God, the Devil, and the Details’

Abstract: The study of mandatory insurance systems may be carried out on two different levels. On the one hand, it is possible to analyze theoretical relations between some properties or elements belonging to that class of systems. On the other, given a set of relevant conditions (which determines a particular structure of transaction costs), empirical […]

Sean Sullivan, ‘Why Wait to Settle? An Experimental Test of the Asymmetric Information Hypothesis’

Abstract: The US legal system encourages civil litigants to quickly settle their disputes, yet lengthy and expensive delays often precede private settlements. The causes of these delays are uncertain. This paper describes an economic experiment designed to test one popular hypothesis: that asymmetric information might be a contributing cause of observed settlement delays. Experimental results […]

Eric Alden, ‘Promissory Estoppel and the Origins of Contract Law’

Abstract: Contrary to Samuel Williston’s description of the ALI’s formal restatement of contract law as merely presenting the law ‘as it is, not as a new law’, the doctrine of promissory estoppel set forth in Section 90 thereof does not represent an ancient principle of contract law. Rather, it constitutes a relatively recent and largely […]

Dmitry Bam, ‘Restoring the Civil Jury in a World Without Trials’

Abstract: Early in this nation’s history, the civil jury was the most important institutional check on biased and corrupt judges. Recently, concerns about judicial bias, especially in elected state judiciaries, have intensified as new studies demonstrate the extent of that bias. But the jury of Hamilton, Madison, and Jefferson is nowhere to be found. In […]

May and Cooper, ‘Liberty of Contract and the Free Market Foundations of Intellectual Property’

Abstract: The value of copyrights and patent rights is secured and maximized through market exchanges – both outright sales of exclusive rights and through licensing agreements. It is often the case that creative artists or inventors can maximize their economic returns by assigning their rights to more highly capitalized entrepreneurs or commercial enterprises that may […]

John Mee, ‘Prevention of Benefit from Homicide: A Critical Analysis of the Law Reform Commission’s Proposals’

Abstract: This article offers a critique of the Irish Law Reform Commission’s recent proposals on the prevention of benefit from homicide. A person who has committed murder or manslaughter could potentially benefit in various ways, eg through inheriting from the estate of his or her victim or through the operation of the right of survivorship […]

Tun-Jen Chiang, ‘The Information-Forcing Dilemma in Damages Law’

Abstract: Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim’s loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the context of damages. Specifically, the standard method by which courts […]