Monthly Archives: November, 2017

‘HLS Private Law Workshop; Maureen Brady, From Rocks to Rods: The history and theory of metes and bounds demarcation’

“In the most recent Private Law Workshop, Professor Maureen Brady presented her fascinating historical study of the development of metes and bounds demarcation in property law in pre-Revolution New Haven. New England colonies mandated land recording at least from the early decades of the Seventeenth Century. But these requirements did not specify that the recording […]

Rupert Jackson, ‘Does good faith have any role in construction contracts?’

“The scheme of this lecture is first to look at the origins of ‘good faith’ in Roman law and civil law; then to examine its more limited role in common law jurisdictions; then to consider what (if anything) a contractual obligation of good faith actually means. After that, as is only fitting in Hong Kong, […]

Dan Burk, ‘Algorithmic Fair Use’

Abstract Legal governance and regulation is becoming increasingly reliant on data collection and algorithmic data processing. In the area of copyright, on-line protection of digitized works is frequently mediated by algorithmic enforcement systems intended to purge illicit content and limit the liability of YouTube, Facebook, and other content platforms. But unauthorized content is not necessarily […]

Hannikainen, Machery and Cushman, ‘Is utilitarian sacrifice becoming more morally permissible?’

Abstract A central tenet of contemporary moral psychology is that people typically reject active forms of utilitarian sacrifice. Yet, evidence for secularization and declining empathic concern in recent decades suggests the possibility of systematic change in this attitude. In the present study, we employ hypothetical dilemmas to investigate whether judgments of utilitarian sacrifice are becoming […]

Donal Nolan, ‘Alcock v Chief Constable of South Yorkshire Police (1991)’

Abstract This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or ‘nervous shock’. Alcock is the single most important English authority on liability for nervous shock, since although its implications for so-called ‘primary victims’ and rescuers may have been diluted […]

Chung and Zink, ‘Hey Watson, Can I Sue You for Malpractice? Examining the Liability of Artificial Intelligence in Medicine’

Abstract Currently, three South Korean medical institutions – Gachon University Gil Medical Center, Pusan National University Hospital and Konyang University Hospital – have implemented IBM’s Watson for Oncology artificial intelligence (AI) system. As IBM touts the Watson for Oncology AI’s to ‘[i]dentify, evaluate and compare treatment options’ by understanding the longitudinal medical record and applying […]

Donal Nolan, ‘Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the Hongkong Fir (1961)’

Abstract This chapter discusses the decision of the Court of Appeal in The Hongkong Fir, one of the most important English contract cases of the 20th century. In this analysis of the Hongkong Fir case I argue that close consideration of the case law, coupled with an appreciation of the historical background, reveals certain flaws […]

Larissa Katz, ‘Legal Forms in Property Law Theory’

Abstract In this paper, I argue that legal forms constitute the available ways of thinking legally about relations between persons in light of how we conceive of persons in law. Legal forms, as normative ideals, do not of course determine what positive law there is nor do legal forms even set out the particularities of […]

Joanne Lee, ‘Should Interest Rates be Regulated or Abolished? The Case for the Abolition of Usury’

Abstract This article makes the normative case against usury, defined in the article as any interest on a loan. It argues that usury legitimises bondage of the borrower to the lender through debt. Based on this radicalised understanding of usury, it is further argued that usury facilitates debt accumulation, as well as fosters irresponsible lending […]

Katrina Wyman, ‘In Defense Of The Fee Simple’

Abstract Prominent economically oriented legal academics are currently arguing that the fee simple, the dominant form of private landownership in the United States, is an inefficient way for society to allocate land. They maintain that the fee simple blocks transfers of land to higher value uses because it provides property owners with a perpetual monopoly. […]