Monthly Archives: March, 2018

Pip Coore, ‘The contractualisation of care in an ageing world’

Abstract We will all, at some point in our lives, care for an ill or disabled loved one, or need care ourselves (Herring 2013, Carers UK 2014). As the global population ages, the number of people affected by age-related illnesses requiring on-going, extended care will dramatically increase (Alzheimer’s Australia 2006). Currently, limited places in aged […]

Keet, Heavin and Sparrow, ‘Anticipating and Managing the Psychological Cost of Civil Litigation’

Abstract Despite growing national attention on the costs of accessing justice, surprisingly little information has been collected about the psychological ‘costs’ of engaging in litigation. This article summarizes the health and psychology literature, to present a picture of the impact that litigation can have on litigants’ health, state of mind, life goals and social relationships. […]

‘A Portrait of Uninsured Lawyers: Using Empirical Data to Enhance Public Protection’

Leslie C Levin, Lawyers Going Bare and Clients Going Blind, 68 Florida Law Review 1281 (2016). Many professors reading this review teach professional responsibility courses. These courses cover the law of lawyering, commonly focusing on the ABA Model Rules of Professional Conduct. As revealed in a small survey that I conducted in 2011, many professors […]

Bartolini, Santos and Ullrich, ‘Property and the cloud’

Abstract Data is a modern form of wealth in the digital world, and massive amounts of data circulate in cloud environments. While this enormously facilitates the sharing of information, both for personal and professional purposes, it also introduces some critical problems concerning the ownership of the information. Data is an intangible good that is stored […]

Avraham and Golden, ‘“From PI to IP”: Litigation Response to Tort Reform’

Introduction Is there a connection between state-law tort reform and the explosive growth of US intellectual property (IP) litigation? The tort reform literature has established that the number of tort claims in states with tort reform has decreased. Using data gathered from multiple sources, including Lex Machina, DocketX, and the Database of State Tort Law […]

José Alvarez, ‘The Human Right of Property’

Abstract International law has long sought to protect property rights both on their own terms and as a ‘human right’. This article surveys the reality of internationalized property rights protections, particularly as protected by 21 human rights treaties. It addresses how the US has contributed to the internationalization of the right, even while US courts, […]

Abraham and Rabin, ‘Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era’

Abstract The United States is on the verge of a new era in transportation, requiring a new legal regime. Over the coming decades, there will be a revolution in driving, as manually-driven cars are replaced by automated vehicles. There will then be a radically new world of auto accidents: most accidents will be caused by […]

Anthony Cookson, ‘Does Contract Enforcement Mitigate Hold Up?’

Abstract This paper provides novel evidence that stronger contract enforcement mitigates hold up in business investment decisions using stark, externally imposed variation in contract enforcement across Native American reservations. My tests focus on the golf course industry, which involves a high degree of sunk costs and long investment horizons, and is thus, naturally subject to […]

Mikhalin du Bois, ‘Justificatory Theories for Intellectual Property Viewed Through the Constitutional Prism’

Abstract In order to determine the extent to which intellectual property rights should enjoy protection under the constitutional property clause, some of the classical and newer justificatory theories for property may be employed, including the labour theory, reward theory, incentive theory, theory of natural law, spiritual theories, personality theory, economic theory, and theory of natural […]

Abraham and White, ‘The Puzzle of the Dignitary Torts’

Abstract In recent years there has been much greater legal attention paid to aspects of dignity that previously have been ignored or treated with actual hostility, especially in constitutional law and public law generally. But private law also plays an important role. In particular, certain forms of tort liability are imposed in order to protect […]