Monthly Archives: August, 2017

Benjamin McMichael, ‘The Failure of “Sorry”: An Empirical Evaluation of Apology Laws, Health Care, and Medical Malpractice’

Abstract: As part of the effort to contain the size and frequency of medical malpractice claims, many states have adopted apology laws. These laws make apologies from physicians to patients inadmissible in any subsequent court proceedings. The basic rationale behind apology laws is that meritless malpractice claims are less likely to be filed when a […]

Victor Goldberg, ‘The MacPhersonHenningsen Puzzle’

Abstract: In the landmark case of MacPherson v Buick, an automobile company was held liable for negligence notwithstanding a lack of privity with the injured driver. Four decades later, in Henningsen v Bloomfield Motors, the court held unconscionable the standard automobile company warranty which limited its responsibility to repair and replacement, even in a case […]

Call for Papers: ‘Misuses of Power in Both Private and Public Law: Dual Perspectives on Corruption’: Younger Scholars Forum in Comparative Law, XXth International Congress, Fukuoka, Japan, 25 July 2018

“We invite younger scholars to participate in the first-ever Younger Scholars Forum in Comparative Law, to be held in Fukuoka, Japan on Wednesday, July 25, 2018, from 9:00am to 12:00pm as part of the larger quadrennial Congress of Comparative Law organized by the International Academy of Comparative Law (IACL) … Workshop 7: Misuses of Power […]

‘Research, Innovative treatments and Barriers for innovation including liability’: Keele University, 14 September 2017

This seminar is part of an ESRC funded series which will examine the relationship between the regulation of research, and of innovative treatments and the effects on innovation. Issues to be addressed include the distinction between innovative treatment and research; the responsibilities of the scientist versus the clinician in translation of innovative therapies; the relative […]

Joanna Manning, ‘Does the Law on Compensation for Research-Related Injury in the UK, Australia, and New Zealand Meet Ethical Requirements?’

Abstract: Despite a consensus that society owes an ethical obligation to compensate for research-related injury, and that no-fault is the best ethical response, an assessment of the compensation arrangements in place in the UK, Australia and New Zealand shows that in general compensation arrangements fall below this ethical expectation. Most subjects rely on ex gratia […]

Brian Fitzpatrick, ‘Do Class Actions Deter Wrongdoing?’

Abstract: I and other scholars have long pointed to the deterrence virtue of the class action to justify its existence even when it was doubtful that it furthered its other purposes, such as compensation or litigation efficiency. In recent years, critics have argued that class actions may not offer even this virtue. Some argue that […]

‘Why the CJEU cheese copyright case is anything but cheesy’

“A few months ago a Dutch court (Arnhem-Leeuwarden Court of Appeal) made a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU), asking whether the EU copyright system – notably Directive 2001/29 (the InfoSoc Directive) – allows Member States to extend copyright protection to something like the taste of […]

Clifford Villa, ‘Is The “Act of God” Dead?’

Abstract: In more than twenty years with the US Environmental Protection Agency (EPA) before joining the legal academy, I saw many communities affected by fires, floods, hurricanes, earthquakes, and other natural disasters. However, I never saw a case where the act of God defense prevailed against environmental liability. Confirming this personal experience, I later learned […]

Peter Lee, ‘Toward a Distributive Agenda for US Patent Law’

Abstract: As commonly understood, the US patent system is a utilitarian regime that employs exclusive rights and market incentives to promote technological progress. Unlike international and foreign regimes, the domestic patent system less explicitly addresses non-utilitarian issues such as access, equity, and distributive justice in conferring and enforcing exclusive rights. This Article, however, challenges this […]

‘The Real World’

Karen Bradshaw, Settling for Natural Resource Damages, 40 Harvard Environmental Law Review 211 (2016); James W Coleman, How Cheap Is Corporate Talk? Comparing Companies’ Comments on Regulations with Their Securities Disclosures, 40 Harvard Environmental Law Review 48 (2016). My very first law professor, Bob Ellickson, once said to my Torts class: ‘You know how law […]