Monthly Archives: June, 2017

‘Cost of NHS negligence claims likely to double by 2023, says study’

“The annual cost to the NHS in England of settling clinical negligence claims is equivalent to training 6,500 doctors and is expected to double by 2023, according to the Medical Protection Society. Further increases in the £1.5bn bill will render such payments unsustainable and divert significant amounts of funding away from frontline patient care, the […]

Katalin Sulyok, ‘Managing Uncertain Causation in Toxic Exposure Cases: Lessons for the European Court of Human Rights from US Toxic Tort Litigation’

Abstract: Under Articles 2 (right to life) and Article 8 (right to private life) of the European Convention on Human Rights, the European Court of Human Rights (Strasbourg Court) decides cases involving personal health injuries allegedly caused by toxic exposures. Thus far no one has conducted a systematic inquiry on how the Strasbourg Court deals […]

Judith Younger, ‘Lovers’ Contracts in the Courts: Forsaking the Minimum Decencies’

Abstract: People in intimate relationships – spouses or lovers, prospective spouses or lovers – make all kinds of promises to each other. This article focuses on those promises that deal with the financial details of the couples’ break-up, whether by death of one of them or ‘divorce’. The courts’ treatment of these promises in leaves […]

José Alvarez, ‘The Human Right to Property’

Abstract: How does the human right of property relate to protecting human rights in the age of Trump? Human rights advocates faithful to Henkin’s vision need to combat the dangerous consensus between elements on the political left and right that international law (including arbitration bodies outside US courts) has no business protecting the right to […]

‘Filming emergency scenes as a bystander: a tortious duty for those who do not assist victims?’

“In light of the recent London terror attacks in which bystanders filming the incident both hindered and assisted police, debate has raged as to whether this type of conduct at emergency situations should be seen as acceptable – particularly as nearly every individual now carries a device capable of recording such scenes and uploading them […]

‘A Call for Projects and Proposals from the American Society for Legal History’

“The Projects and Proposals Committee of the American Society for Legal History exists to encourage new initiatives in the study and presentation and production of legal historical scholarship and in the communication of legal history to all its possible publics and audiences. It is the mission of the committee to find ways to bring talented […]

Dan Priel, ‘The Return of Legal Realism’

Abstract: The main goal of this essay is to explain in what sense ‘we are all realists now’. It examines various answers to this question suggested by existing literature and proposes another. The key is identifying a fundamental divide among the legal realists on what makes their view ‘realistic’. One group of legal realists, of […]

Shelly Kreiczer-Levy, ‘Property without Personhood’

Abstract: The property as personhood theory provides a dominant justification for legal theory and has shaped numerous legal doctrines. Although the theory has been criticized by many scholars, one important concern has escaped scholars thus far. Property as personhood limits identity and confines growth. The concept allows little room for experimenting with personality and testing […]

Tim Dornis, ‘The Doctrines of Contract and Negotiorum Gestio in European Private Law: Quest for Structure in a No Man’s Land of Legal Reasoning’

Abstract: The field of negotiorum gestio is perplexing. In civil law, its doctrinal, policy, and economic foundations are far from clear. In common law, the concept even seems to be inexistent. Nevertheless, in common-law as under civil-law doctrine, certain situations of intervention in another’s affairs are acknowledged as establishing claims of an intervening party against […]

Steve Hedley, ‘The Rise and Fall of Private Law Theory’

Abstract: Over the last four decades of common law thought, there have been increasingly sophisticated attempts to develop comprehensive theories of private law. Chief amongst these are (1) theories of corrective justice, (2) economic theories, and (3) formalist accounts. The common feature of these apparently diverse ‘grand theories’ is a lack of trust in collective […]