Monthly Archives: July, 2017

Obligations IX, Melbourne Law School 17–20 July 2018: Registration is now open

“Obligations IX is a three-day conference (Wednesday to Friday) plus an opening lecture on the Tuesday evening. Registration includes drinks and a light meal on Tuesday and Wednesday evenings, lunch and morning and afternoon refreshments from Wednesday to Friday, plus closing drinks on Friday …” (more)

Christian Burset, ‘The Rise of Modern Commercial Arbitration and the Limits of Private Ordering’

Abstract: Debates about arbitration often assume that it is or can be a purely private way to resolve disputes. This paper challenges that assumption by offering a new account of how and why truly extralegal commercial arbitration declined during the eighteenth century. It argues that the rise of the modern credit economy altered the possibilities […]

Luigi Franzoni, ‘Liability Law under Scientific Uncertainty’

Abstract: This article investigates the implications of uncertainty aversion on optimal liability law. Of special interest is the case in which the causal link between conduct and harm is not known with certainty, as is frequently the case with toxic torts. Under negligence, uncertainty aversion calls for a higher standard of care if, and only […]

Tim Iglesias, ‘A Novel Tool for Teaching Property: Starting With The Questions’

Introduction: … This essay’s argument is subtle and could be easily misconstrued. It is not proposing a Grand Theory of Property, nor is it taking a position on whether such a theory should be pursued. It neither seeks to resolve any of the many important conceptual and normative debates about property law nor to appear […]

‘Business-Friendly Litigation Overhaul Stalls in Senate’

“The 2016 elections gave Republicans control of the White House and both houses of Congress, and the party seemed primed to make good on a long-standing goal for the business community – enacting sweeping changes to the federal litigation process, including curbs on class actions. The strategy was to fast-track legislation through the House, to […]

Jonathan Sumption, ‘A question of taste: the Supreme Court and the interpretation of contracts’

Abstract: This is the text of the inaugural Farquharson Lecture, delivered at Keble College, Oxford, on 8 May 2017. These Lectures were established by the Harris Society, the law society at Keble College, in honour of The Rt Hon Sir Donald Farquharson, an Old Member and Honorary Fellow of the College who served as a […]

Lionel Smith, ‘Parenthood Is a Fiduciary Relationship’

Abstract: Canadian courts have held that parents stand in a fiduciary relationship with their children. Some commentators take the view that this is an inappropriate and unwarranted extension of a set of concepts that were originally elaborated in the context of the management of property rights and other pecuniary interests. This goal of this paper […]

Giancarlo Frosio, ‘Right to Be Forgotten: Much Ado About Nothing’

Abstract: In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled […]

‘The Restatement of Consumer Contracts and Quantitative Caselaw Studies’

“I hope those interested in contract law are aware of the ALI’s project for a Restatement of the Law of Consumer Contracts. It is a major undertaking, both in its attempt to synthesize existing law in this area and as a statement about how common law courts can best address business-consumer transactions. There is a […]

Hoffman and Eigen, ‘Contract Consideration and Behavior’

Abstract: Contract recitals are ubiquitous. Yet, we have a thin understanding of how individuals behave with respect to these doctrinally important relics. Most jurists follow Lon Fuller in concluding that, when read, contract recitals accomplish their purpose: to caution against inconsiderate contractual obligation. Notwithstanding the foundational role that this assumption has played in doctrinal and […]