Monthly Archives: October, 2017

Roisin Costello, ‘Warren and Brandeis and the Right to Privacy’s Hollow Core’

Abstract Beginning with Warren and Brandeis’ articulation of the right to privacy in their 1890 Harvard Law Review this paper will examine the evolution of the right to privacy and the absence of a unifying jurisprudential basis for the right at modern law. In doing so, the paper will compare the emergence of the right […]

Roisin Costello, ‘Reviving Rylands: How the Doctrine Could Be Used to Claim Compensation for Environmental Damages Caused by Fracking’

Abstract Contemporary societies are characterized by complex interdependence, with industrial activity increasingly having the potential to cause effects beyond local and national borders. Courts have previously illustrated that liability for injurious action must lie with the individual who created the risk of damage under the common law rule of Rylands v Fletcher. Having fallen out […]

Azfer Khan, ‘Abolishing Consideration: An Argument from Coherence’

Abstract MWB v Rock Advertising has given the Supreme Court the opportunity to revisit the ever-topical question of abolishing consideration. This paper traces the history of consideration from the 1500s and develops a new framework for understanding the doctrine and the different roles it plays in our contract law, utilizing the distinct ideas of the […]

Andrew Burrows, ‘Illegality after Patel v Mirza

Abstract English law on illegality in private law (eg illegal contracts) has long been regarded as both difficult and unsatisfactory. In 2016, the Supreme Court, sitting as a panel of nine, looked at the area again in Patel v Mirza. Here £620,000 had been paid for the defendant to bet on share prices using inside […]

‘Algorithmic Identification of Property Law Families’

“In the most recent Private Law Workshop, Yun-Chien Chang discussed his ongoing and very interesting effort (with Nuno Garoupa and Martin Wells) to use machine learning techniques to classify legal systems into families – groupings whose members are similar to each other, but relatively distinct from those in other groups …” (more) [Erik Hovenkamp, New […]

David McGowan, ‘The Apportionment Problem in Copyright Law’

Abstract The Copyright Act provides for disgorgement of an infringer’s profits attributable to infringement to the extent such profits are not taken into account in an award of damages to the plaintiff. Courts have long struggled with how to apportion profits so that only those attributable to infringement are disgorged. This article uses litigation between […]

Sean Fleming, ‘Moral agents and legal persons: the ethics and the law of state responsibility’

Abstract Why, if at all, does it make sense to assign some responsibilities to states rather than to individuals? There are two contemporary answers. According to the agential theory, states can be held responsible because they are moral agents, much like human beings. According to the functional theory, states can be held responsible because they […]

‘Remedies in defamation and the public interest: some thoughts from the vault’

“I was interested to read Mr Justice Warby’s remarks about remedies in defamation cases in his recent address to the Annual Conference of the Media Law Resource Center. What he said was this …” (more) [Godwin Busuttil, Inforrm’s Blog, 28 October]

Keith Hylton, ‘Deterrence and Aggregate Litigation’

Abstract This paper examines the deterrence properties of aggregate litigation and class actions, with an emphasis on positive value claims. In the multiple victim scenario with positive value claims, in the absence of the class action device, the probability that an individual victim will bring suit falls toward zero with geometric decay as the number […]

Call for Applications: ‘Privatizing Dispute Resolution and its Limits’: Third IAPL-MPI Luxembourg Summer-School, 1-4 July 2018

The 3rd edition of the Summer School has chosen to explore the topic of ‘Privatizing Dispute Resolution and its Limits’, where ‘privatizing’ is understood in a broad sense. Different avenues can be envisaged thereto related. The first one focuses on the defense of public interests by means of private litigation; a second comprises the mechanisms […]