Monthly Archives: November, 2017

Evelyn Atkinson, ‘Creating the Reasonable Child: Risk, Responsibility, and the Attractive Nuisance Doctrine’

Abstract In common law, trespassers could not sue for injuries. In the early 1870s, however, courts exempted child trespassers injured by industrial machinery from this rule. The development of the hotly contested ‘attractive nuisance’ doctrine illustrates turn-of-the-twentieth-century debates about how to allocate the risk of injury from industrial accidents, which linked responsibility to the capacity […]

‘Happy birthday, Statute of Marlborough!’

“Earlier this month, we celebrated the 800th anniversary of the Forest Charter, Magna Carta’s little sibling. It inspired a new Tree Charter, with accompanying events ranging from bike rides to pole launches. Today, we commemorate the Statute of Marlborough. At 750 years old, issued on 19 November 1267, it’s one of the the oldest pieces […]

Dan Priel, ‘Conceptions of Authority and the Anglo-American Common Law Divide’

Abstract This Article seeks to explain the puzzle of the divergence of American law from the rest of the common law world through the lens of legal theory. I argue that there are four competing ideal-type theories of the authority of the common law: reason, practice, custom, and will. The reason view explains the authority […]

Adam Kramer, The Law of Contract Damages (2nd ed)

Written by Adam Kramer, a commercial barrister and academic, the second edition of the acclaimed The Law of Contract Damages is the most comprehensive and detailed treatment available of this important dispute resolution area. The first edition is regularly cited in the courts and academic literature, and this new edition has been substantially updated to […]

Mathilde Cohen, ‘Regulating Milk: Women and Cows in France and the United States’

Abstract Animal milk, most commonly cow’s milk, is one of the most heavily regulated commodities in both France and the United States. With the increasing popularity of breastfeeding and the possibility of pumping, freezing, and storing breast milk, a cottage industry has emerged for people wishing to buy, sell, or donate milk produced by humans. […]

Cross-Border Litigation in Europe (Beaumont, Danov, Trimmings and Yüksel, eds)

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil […]

Jonathan Sumption, ‘Abolishing Personal Injuries Law – A project’

Introduction “It is now exactly twenty years since Patrick Atiyah published The Damages Lottery, one of the most eloquent polemics ever to be directed against a firmly entrenched principle of law. Professor Atiyah was concerned with the law of negligence generally. But his book has generally been treated as an attack on personal injuries law […]

‘“A Major New Move” in Contract Interpretation’

Omri Ben-Shahar and Lior Strahilevitz, Interpreting Contracts via Surveys and Experiments, University of Chicago Coase-Sandor Institute for Law and Economics Research Paper No 791 (2017), available at SSRN. Despite its practical importance, contract interpretation is the red-haired stepchild of the 1L classroom – the doctrine is infamously incoherent, rests on law/fact distinctions which even the […]

William Goldstein, ‘Standing, Legal Injury Without Harm, and the Public/Private Divide’

Abstract Legal injury without harm is a common phenomenon in the law. Historically, legal injury without harm was actionable for at least nominal damages, and sometimes other remedies. The same is true today of many ‘traditional’ private rights, for which standing is uncontroversial. Novel statutory claims, on the other hand, routinely face justiciability challenges: Defendants […]

Beebe and Hemphill, ‘The Scope of Strong Marks: Should Trademark Law Protect the Strong More than the Weak?’

Abstract At the core of trademark law has long been the blackletter principle that the stronger a trademark is, the greater the likelihood that consumers will confuse similar marks with it and thus the wider the scope of protection the mark should receive. The relation between trademark strength and trademark scope is always positive. The […]