Monthly Archives: June, 2017

Dagan and Dorfman, ‘Postscript to Just Relationships: Reply to Gardner, West, and Zipursky’

Abstract: In ‘Just relationships’ (116 Columbia Law Review 1395 (2016)), we developed a novel theory of private law for a liberal legal order. We argued that private law assumes the moral responsibility to determine just terms of interactions among private persons. Its most basic organizing ideas are substantive freedom and equality. Professors John Gardner, Robin […]

‘Sometimes, Information Wants to be Expensive’

Jonathan M Barnett, Three Quasi-Fallacies in the Conventional Understanding of Intellectual Property, 12 Journal of Law Economics and Policy 1 (2016), available at SSRN. In the last twenty years or so, numerous IP scholars have questioned – indeed, many have vigorously doubted – the need for robust intellectual property rights in order to generate significant […]

Gabriel Rauterberg and Eric Talley, ‘Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers’

Abstract: For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few ‘mandatory’ rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the […]

Robin West, ‘The New Legal Criticism’

Introduction: Professors Hanoch Dagan and Avihay Dorfman’s article Just Relationships is a fundamental reinterpretation of the moral ideals of large swaths of private law. Its significance, however, may go beyond even that broad ambition. In this Response, I suggest that Just Relationships is also an exemplar – perhaps par excellence – of an emergent form […]

Call for Papers: Italian Society of Law and Economics 13th annual conference, LUMSA University Rome, 15-16 December 2017

The Italian Society of Law and Economics (ISLE-SIDE) welcomes submissions of papers on any topic regarding the Economic Analysis of Law for its 13th annual conference to be held in Rome at LUMSA University on December 15-16, 2017. ISLE-SIDE invites contributions in all aspects related to Law and Economics, such as Bankruptcy, Behavioural Law and […]

Liana Teodora Pascariu, ‘The Opportunity of a European Administrative Contract Law’

Abstract: There was a tendency in the past few years, particularly in Europe, to harmonize and conceptualize in a common way the rules referring to the coming out, alteration, execution or termination of contracts, which could ultimately lead to the emergence of a new branch of European Union law, the contract law. This vision has […]

‘Engstrom on Class Actions (x 2)’

“David Freeman Engstrom, Stanford Law School, has posted two papers on the history of class actions. The first, forthcoming in University of Pennsylvania Law Review 165 (2017), is ‘Revolution of 1978 and the Puzzle of American Procedural Political Economy’: ‘In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have […]

Richard Epstein, ‘Smart Consequentialism: Kantian Moral Theory and the (Qualified) Defense of Capitalism’

Abstract: Moral philosophers have often grappled with defining rights and duties without looking to the overall consequences of certain rules. The leading defender of that position is Immanuel Kant, whose moral theory talks about how to universalize given norms without regard to their consequences. In this essay I claim that the Kantian standards are met […]

Perzanowski and Schultz, ‘Reconciling Intellectual and Personal Property’

Introduction: … Part I begins by examining the relationship between intellectual and personal property. Sometimes courts have treated those rights as inseparable, as if transfer of a copy entails transfer of the intangible right, or retention of the copyright entails ongoing control over particular copies. But Congress and most courts have recognized personal and intellectual […]

Gregory Keating, ‘Products Liability As Enterprise Liability’

Abstract: In the American legal academy, the prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than thirty years ago. George Priest’s brilliant 1985 paper The Invention of Enterprise Liability, asserted that modern American products liability law in its formative moment was enterprise liability incarnate, […]