Monthly Archives: July, 2017

‘Exposing the Praxis of Comparative Law for What It Is’

Ronald J Krotoszynski, Jr, Privacy Revisited: A Global Perspective on the Right to Be Left Alone (2016). I liked Privacy Revisited, not the least because Ronald Krotoszynski’s book – both explicitly and implicitly – lays bare and grapples with comparative law’s thorniest methodological problems. It is inspiring to see a colleague struggling so honestly and […]

Phillip Buckley, ‘Barriers to Justice, Limits to Deterrence: Tort Law Theory and State Approaches to Shielding School Districts and Their Employees from Liability for Negligent Supervision’

Abstract: Despite its importance, the law of tort and negligence in the context of American public schools is poorly understood and relatively understudied. Through the lens of tort law theory, this Article examines the various legal frameworks that govern the tort of negligent supervision in four states: Arkansas, Illinois, Colorado, and Maine. In these four […]

Markus Dubber, ‘Legal History As Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law’

Abstract: Legal history is having a methodological moment. So is law (and, as it turns out, history as well). And not just in one country or legal system but across the common law/civil law divide. In this essay I try to capture some aspects of this methodological moment – or moments – and then to […]

Alexander Boni-Saenz, ‘Distributive Justice and Donative Intent’

Abstract: The inheritance system is beset by formalism. Probate courts reject wills on technicalities and refuse to correct obvious drafting mistakes by testators. These doctrines lead to donative errors, or outcomes that are not in line with the decedent’s donative intent. While scholars and reformers have critiqued the intent-defeating effects of formalism in the past, […]

Call for Papers: Re-imagining Land Law: Birmingham Law School, 26 September 2017, 10am-5pm

It is a truth universally acknowledged that land law is dry, boring and to be overcome rather than studied. And yet despite such low expectations land law provides one of the clearest opportunities to consider the cultural and political context of legal regulation and to develop an insight and criticality about the basic principles of […]

Givati and Kaplan, ‘Over-Reliance under Contractual Disgorgement’

Abstract: A well-known result in economic analysis of contract law is that expectation damages lead to over-reliance by the non-breaching party. Recently, the contractual disgorgement remedy has attracted much attention from scholars, yet no attempt has been made to analyze reliance investment under this remedy. In this article, we develop a model showing that under […]

‘What is the literal meaning of Article 82(1) GDPR in each of the EU’s 24 official languages?’

“I’m trying to work out what Article 82(1) of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) […]

David Salmons, ‘Claims Against Third-Party Recipients Of Trust Property’

Abstract: This article argues that claims to recover trust property from third parties arise in response to a trustee’s duty to preserve identifiable property, and that unjust enrichment is incompatible with such claims. First, unjust enrichment can only assist with the recovery of abstract wealth and so it does not assist in the recovery of […]

Just pubished: Marta Santos Silva, The Draft Common Frame of Reference as a ‘Toolbox’ for Domestic Courts: A Solution to the Pure Economic Loss Problem from a Comparative Perspective

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of ‘legally relevant damage’ and its importance in overcoming the deadlock created by the category of ‘pure economic loss’ in the Portuguese and German tort law systems. […]

Danny Friedmann, ‘IP in China: Moving closer to the common law system for the sake of uniformity’

“To improve transparency, a uniform application of law, and thus legal predictability towards a commercial rule of law, on 12 April 2017 the Supreme People’s Court (SPC) promulgated an opinion that courts in the People’s Republic of China (China) have to take similar cases into account before making a decision …” (more) Danny Friedmann, ‘IP […]