Monthly Archives: February, 2018

Sergio Campos, ‘The Class Action Awakens’

Abstract For the past eight terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This ‘exceptional’ view of the class action has […]

Dan Burk, ‘Punitive Patent Liability: A Comparative Examination’

Abstract Monetary damage awards and permanent injunctions have long been viewed as complementary remedies: damages typically serve as compensation for past realized harm, and injunctions serve as a restriction against future unrealized harm. But some commentary in the patent literature also argues that the potential for injunctive relief is essential to provide deterrence against opportunistic […]

CSECL Summer School 2018: ‘Private Law and Vulnerability’, University of Amsterdam, 2-5 July 2018

“The 2018 CSECL International Summer School will provide a cross-disciplinary exploration of the relationships between vulnerability and private law. The focus will be on private law both as a cause of and as a (possible) solution to the problem of vulnerability. The vulnerability of particular groups and individuals, in particular in relation to growing power […]

Call for abstracts on the challenges for EU cross-border litigation

The Max Planck Institute Luxembourg invites young researchers to actively participate in a colloquium on the ‘Current Challenges for EU Cross-Border Litigation in a Changing Procedural Environment’. The colloquium will precede a larger conference hosted together with the Court of Justice of the European Union on the occasion of the 50th anniversary of the Brussels […]

Liao and Radhakrishnan, ‘Auditors’ Liability to Third Parties’

Abstract We examine the near-privity rule that increases the auditor’s legal liability exposure by considering a debtholder who can sue the auditor and recover damages when there is an audit failure. We show that the increase in the auditor’s legal liability induces the auditor to choose more informative and conservative efforts. While the increased informative […]

‘Using an Interesting Conversation to Teach Testamentary Capacity’

Stephen R Alton, The Strange Case of Dr. Jekyll’s Will: A Tale of Testamentary Capacity, 52 Tulsa Law Review 263 (2017). The Strange Case of Dr Jekyll and Mr Hyde is a popular novella that was published by Robert Louis Stevenson in 1886. In the novella, Gabriel Utterson, a lawyer, investigates strange events involving Dr […]

Just Published: Grundmann and Riesenhuber (eds), Private Law Development in Context

“While common law is developed by the courts and judges and may well be the prime authorities for the development of law, and while French private law is said to be the origin of the idea of modern codification and grand legislatures, German private law can well be seen as the law where the influence […]

Hanoch Dagan, ‘The Real Legacy of American Legal Realism’

Abstract The most important promise of the legacy of legal realism is its robust understanding of law, which is irreducible to one or another more or less familiar jurisprudential school, as a set of institutions distinguished by the difficult accommodation of three constitutive yet irresolvable tensions: between power and reason, between science and craft, and […]

Ori Herstein, ‘Legal Luck’

Abstract Explaining the notion of ‘legal luck’ and exploring its justification. Focusing on how legal luck relates to ‘moral luck’, legal causation and negligence, and to civil and criminal liability. Herstein, Ori J, Legal Luck (February 2, 2018). Routledge Companion to the Philosophy of Luck, Ian M Church and Robert J Hartman eds (forthcoming).

Butlin and Allen, ‘Worker Status and Vicarious Liability: The Need for Coherence’

Abstract Gig economy cases continue to dominate the news and work their way through the courts. This paper considers a different angle to the issues and argues that the developments in vicarious liability should apply to the ‘worker status’ debate. Specifically, that to avoid regulatory dissonance, the tests applied to determine those who are in […]