Monthly Archives: July, 2017

Theoretical Inquiries in Law volume 18, no 2 (2017): ‘Sovereignty and Property’

Introduction (Yael Braudo, TIL Editorial Board) Property and Sovereignty: How to Tell the Difference (Arthur Ripstein) The Dialectics of Sovereignty and Property (Sergio Dellavalle) Property’s Sovereignty (Larissa Katz) Property, Sovereignty, and the Public Trust (Laura S Underkuffler) Sovereignty, Property and Empire: Early Modern English Contexts (Martti Koskenniemi) The Human Right to Private Property (Hanoch Dagan […]

Rights, Wrongs, and Injustices: The Structure of Remedial Law: Stephen Smith, Auckland University of Technology, 4 August 2017

This presentation will discuss the main ideas in a draft manuscript of a book of the same title. The book seeks to establish the existence of, and provide the intellectual foundations for, a body of law that has been largely unacknowledged, ignored, or misunderstood in the western legal tradition. Focusing primarily on the common law […]

Obligations IX, Melbourne Law School 17–20 July 2018: Paper titles now announced

The Ninth Biennial Conference on the Law of Obligations will be held at Melbourne Law School from 17–20 July 2018. The conference will be co-hosted by Melbourne Law School and the Faculty of Law at the University of Oxford, and will be co-convened by Professor Andrew Robertson (University of Melbourne) and Dr James Goudkamp (University […]

Twerski and Shane, ‘Bringing the Science of Policing to Liability for Third-Party Crime at Shopping Malls’

Abstract: Unlike state and municipal police forces that can generally not be sued by victims of crime on the grounds that they provided inadequate policing, shopping malls are regularly the targets by crime victims in tort actions for failing to provide adequate security. Courts have struggled with the question of how to set the standard […]

Douglas Kysar, ‘The Public Life of Private Law: Tort Law as a Risk Regulation Mechanism’

Abstract: Against the backdrop of contemporary climate change lawsuits, this article presents preliminary research findings regarding a remarkable and underappreciated moment in the common law pre-history of modern environmental, health, and safety regulation. The findings complicate the conventional academic story about the limited capabilities of tort law and its inevitable displacement by more institutionally robust […]

Marcus Roberts, ‘When are Agreements to Accept Part-Payment of Debt in New Zealand Enforceable?’

Abstract: In the last twenty years the law in New Zealand relating to the enforceability of variation agreements has witnessed some notable developments. The traditional rule was that a one-sided variation to an existing contract whereby party A agrees to pay more in return for party B’s agreement to perform its obligations under the existing […]

Alexandra Lahav, ‘Mass Tort Class Actions – Past, Present, and Future’

Abstract: The judicial experiment with mass tort class actions was an anemic one, albeit somewhat spectacular in a few cases that have captured the academic and professional imagination. This Essay explains that the reason mass tort class actions never thrived is that there is a disconnect between tort doctrine on the one hand, and tort […]

Hanoch Dagan, ‘Contemporary Legal Realism’

Abstract: This short chapter, which is prepared for the Encyclopedia for Law and Social Philosophy (Mortimer Sellers and Stephan Kirste eds, 2017), surveys three recent attempts to reconstruct or revive the legacy of American legal realism. The New Legal Realism is a law-centered species of empirical legal studies, which is focused on law on the […]

Arthur Laby, ‘Book Review: Philosophical Foundations of Fiduciary Law

Abstract: This book review examines Philosophical Foundations of Fiduciary Law, edited by Professors Andrew S Gold and Paul B Miller, a 2015 addition to Oxford’s Philosophical Foundations of Law series. In recent years, fiduciary law has received increasing attention from courts and legal scholars as a field of private law; fiduciary principles have been applied […]

Natasa Glisic, ‘Expanding the Slayer Rule in Florida: Why Elder Abuse Should Trigger Disinheritance’

Introduction: … This comment explains the impact that expanding the Slayer Rule will have on reducing the elder-abuse epidemic by supplementing the current elder-abuse statutes. Society and the legislature agree that a person should not benefit from his wrongdoing, so there is no reason to not expand the Slayer Rule in Florida at this time. […]