Monthly Archives: December, 2017

Feldthusen, Green, Goldberg and Sharkey, ‘Product Liability in North America’

Abstract This book chapter provides an overview of the rules governing liability for product-related injuries in the US and Canada, as well as the context in which those rules operate. Included are discussions of the rationales for, and the development of, the US doctrine of strict products liability, and the application of strict products liability […]

Sarah Lawsky, ‘A Logic for Statutes’

Abstract Case-based reasoning is, without question, a puzzle. When students are taught to ‘think like lawyers’ in their first year of law school, they are taught case-based common-law reasoning. Books on legal reasoning are devoted almost entirely to the topic. How do courts reason from one case to the next? Is case-based reasoning reasoning from […]

Jane Bambauer, ‘Dr Robot’

Abstract This Essay explores whether health and medical AI should be regulated more like doctors than like devices, and what difference it would make. It concludes that although the FDA is poised to heavily regulate AI with demanding premarket testing standards out of concern for public safety, the risks posed from medical AI should be […]

Giancarlo Frosio, ‘Why keep a dog and bark yourself? From intermediary liability to responsibility’

Abstract This article contextualizes the recent developments in intermediary liability theory and policy within a broader move towards private ordering online. In this context, online intermediaries’ governance would move away from a well-established utilitarian approach and towards a moral approach by rejecting negligence-based intermediary liability arrangements. Miscellaneous policy tools – such as monitoring and filtering […]

Lisa Bernstein, ‘The Myth of Trade Usage: A Talk for KCON’

Abstract This talk reviews and integrates many of my prior studies of trade usages in merchant, concluding that the concept is a myth – a myth that has done tremendous damage to commercial laws the world over. Bernstein, Lisa, The Myth of Trade Usage: A Talk for KCON (December 12, 2017). Barry Law Review (forthcoming).

Lisa Bernstein, ‘Black Hole Apparitions’

Introduction … This Comment focuses on the authors’ proposed doctrinal solution to the black hole problem, which seeks to eliminate any inquiry into ‘subjective intent’ when courts are faced with the task of interpreting a black hole. It explores the conceptual and practical challenges of implementing the authors’ proposal and then questions whether legal reform […]

‘Anthropocentrism in European Private Law and the Case of Ben Nevis’

“It is a truth universally acknowledged that a constitutional state in possession of democratic institutions must have been made by humans. Law more generally is a human construction. Law is considered by some to be even problematically anthropocentric, that is, it would be overtly focused at human interests and thereby neglect the interests of animals […]

‘A Compelling Case for a General Theory of Contracts’

Robin Kar, Contract as Empowerment, 83 University of Chicago Law Review 759 (2016). Contract in the common law lacks a unifying theory. In this article, Robin Kar offers an intriguing descriptive and normative theory of ‘contract as empowerment’ to explain and harmonize the relationships of core contract doctrines such as consideration, the expectancy damage default […]

Lecturer in Comparative Civil Law – IE University, Madrid

Candidates should possess a willingness and ability to teach undergraduate courses in the area of Comparative Civil Law. Candidates with a comparative law background should demonstrate an expertise in civil law applied to legal challenges posed by new technologies (smart contracts, blockchain etc) … (more)

M Beth Valentine, ‘Constructive “Consent”: A Problematic Fiction’

Abstract The law and society occasionally impute consent to an agent despite a clear lack of actual consent. A common type of such ‘fictitious consent’ is constructive consent. In this practice, we treat an agent as if she consented to Φ because she did Ψ. By examining how constructive consent operates in law (monitoring inmate […]