Monthly Archives: December, 2016

Ariel Porat, ‘The Future of Law and Economics and the Calabresian External Moral Costs’

Abstract: This short essay is a contribution to a symposium held at the Hebrew University of Jerusalem on Professor Calabresi’s The Future of Law and Economics. It focuses on Calabresi’s arguments that tort law facilitates a modified market for merit goods, and that external moral costs should be seriously taken into account by the state […]

Qingxiu Bu, ‘The Good Samaritan in the Chinese Society: Morality vis-à-vis Law’

Abstract: Apathy has become a problem which endangers Chinese society, in part because those assisting the injured could be exposed to liability. With reference to both law and morality, the longstanding issue of ‘duty to rescue’ is explored in the Chinese socio-legal context. It remains highly controversial whether it is legitimate or justifiable to impose […]

‘Nuclear operators should pay for nuclear accidents!’

“Following the great east earthquake in Japan in March 2011, five years ago now, the subsequent accident at the Fukushima nuclear power plant shocked the world and triggered fierce debates on the future of nuclear energy in many countries. Not so long ago yet another earthquake took place close to the same area, reminding the […]

Sharon Thompson, ‘In Defence of the “Gold-Digger”’

Abstract: This article examines the gold-digging trope in family law. It explores the etymology of the term and how it has been employed in cultural and legal contexts, such as media, parliamentary debates and case law. It is argued that the gold-digger construct has shifted, in that it was once applied only to women who […]

Baniak and Grajzl, ‘Optimal Liability when Consumers Mispredict Product Usage’

Abstract: We contrast alternative liability rules for social control of product risks when heterogeneous consumers considering purchasing a durable good due to cognitive errors and biases mispredict future product benefits and, thus, the extent of future product usage. Since the expected consumer harm directly depends on the level of product usage, the consequences of consumers’ […]

Marel Katsivela, ‘The Volenti Defence under Australian and Canadian Law: A Comparative View’

Abstract: Assumption of risk constitutes a defence in negligence actions in Canada and in Australia. Important similarities but also differences underline the two common law defences. The present study presents and compares the two common law defences. It also comments on some provisions of the relatively recent tort law reform legislation in Australia and on […]

Marel Katsivela, ‘The Assumption of Risk Defence in Torts (Common Law) and Extra-Contractual Liability (Québec Civil Law) in Canada’

Abstract: The paper is a comparative law study of the assumption of risk (volenti) defense in the field of torts (common law) and extra-contractual liability (civil law – Québec) in Canada. More specifically, it aims at presenting and analyzing the similarities and differences regarding the conditions of application and effects of the assumption of risk […]

Adam Samaha, ‘Do More Interpretive Sources Mean More Discretion?’

Abstract: Observers have suggested that adding sources of interpretation tends to increase interpreter discretion. The idea is embedded in a quip, attributed to Judge Leventhal, that citing legislative history is like ‘looking over a crowd and picking out your friends’. Participants in debates over interpretive method have applied the same idea to the proliferation of […]

Samuel Bray, ‘Form and Substance in the Fusion of Law and Equity’

Abstract: This essay considers the fusion of law and equity through the lens of translation. It begins by showing that translations vary along two dimensions. First, a translator might follow the lead of the original, translating it closely; or a translator might try to creatively remake it. Second, a translator might carry over only the […]

Andrej Savin, ‘Jurisdiction Over Cybertorts in the EU – A Coherent Picture?’

Abstract: The article analyses EU jurisdiction rules for civil and commercial tort cases involving the use of the Internet (cybertorts). Since cybertorts have multiplied globally, determination of the appropriate forum in which to recover damages is of paramount importance. Brussels I Regulation (Recast) contains rules on general jurisdiction, which have largely been unproblematic and rules […]