Monthly Archives: September, 2016

‘The Proper Limits of Judicial Law-Making’

“It is an honour to have been asked to give a reply to Baroness Hale. In her lecture, Baroness Hale asks several questions, but in particular ‘when should a judge feel free to change the law rather than leave it to Parliament?’ I will try to answer some of the questions Baroness Hale asks by […]

‘Fiduciary duties as implied contractual terms: MacRoberts LLP v McCrindle Group Ltd

“In MacRoberts LLP v McCrindle Group Ltd the Inner House of the Court of Session examined the nature of a solicitor’s duty to avoid placing himself in a position of actual or potential conflict of interest. The central question was whether this duty was an implied term in the solicitor’s contract to provide professional services, […]

‘Where is tort (anti)reform in politics now?’

“When our class watched the special on New Zealand’s lack of fault-based tort law [excerpt from Adrenalin Nation], I had mixed feelings. On the one hand, it would be nice to have a more efficient system in place to ensure damages were looked after in a timely manner and without the need for costly trials. […]

‘ECJ Decision VKI v Amazon

“In Verein für Konsumenteninformation v Amazon EU Sarl (Case C-191/15), the Court of Justice of the European Union (CJEU) has reaffirmed the position with regards to which member state’s data protection laws should apply in a situation where there is a company established in one member state that provides services to consumers based in various […]

‘Are Corporations Responsible Agents?’

Benjamin Ewing, The Structure of Tort Law, Revisited: The Problem of Corporate Responsibility, 8 Journal of Tort Law 1 (2015). In The Structure of Tort Law, Revisited: The Problem of Corporate Responsibility, Benjamin Ewing, a visiting assistant professor at Duke Law School, breaks fresh ground by stitching together contemporary tort theory and recent philosophical work […]

Jason Varuhas, ‘Damages and Human Rights: Introduction’

Abstract: Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards […]

Born and Puelz, ‘Are Preferences for Structured Settlements Consistent with the Loss-Minimization Objective of Tort Law?’

Abstract: In this paper, we test several hypotheses developed from a theory of structured settlements under the loss‐minimization objective of tort law with a large sample of liability insured, closed claim data from the state of Texas. Our findings indicate support for the hypothesis that structured settlements are more likely utilized when longevity risk is […]

Gary Watt, ‘“Where the Shoe Pinches”: True Equity in Trollope’s The Warden

Abstract: Anthony’s Trollope’s short novel The Warden provides a rich and sophisticated case study in a wide range of equity jurisdictions. Some characters in the novel advance the notion that justice requires people to fulfil the duties of, and receive the benefits of, their ordained place in the social scheme. This notion has traditionally carried […]

‘Empowering Individual Plaintiffs’

“In our forthcoming essay, Empowering Individual Plaintiffs, we highlight, analyze and propose solutions to a problem that has been hitherto largely overlooked: the plight of individual plaintiffs in certain litigation contexts. The individual plaintiff plays a critical – yet, underappreciated – role in our legal system. Only lawsuits that are brought by individual plaintiffs allow […]

Silver, Hyman, Black and Paik, ‘Policy Limits, Payouts, and Blood Money: Medical Malpractice Settlements in the Shadow of Insurance’

Abstract: In prior research, we found that policy limits in Texas medical malpractice (‘med mal’) cases often served as de facto caps on recoveries in both tried and settled cases. We also found that physicians faced little personal exposure on malpractice claims. Out-of-pocket payments (OOPPs) by physicians were rare and usually small. Physicians could reduce […]