Monthly Archives: March, 2018

Dinwoodie and Cooper Dreyfuss, ‘Brexit and IP: The Great Unraveling?’

Introduction … We ask a different question: we explore how well the rhetoric of Brexit comports with the reality and the institutional economics of nation-state lawmaking in an era of global trade and digital communication technologies. We use intellectual property (IP) law as a concrete example. We think it a good context in which to […]

Paul Hoversten, ‘Punishment but Not a Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law’

Abstract It is a well-established principle that no court applies the penal laws of another sovereign. But what exactly is a penal law? According to Judge Cardozo, a penal law effects ‘vindication of the public justice’ rather than ‘reparation to one aggrieved’. Although courts have historically treated punitive damages as a purely civil remedy, that […]

Wittlin, Ouellette and Mandel, ‘What Causes Polarization on IP Policy?’

Abstract Polarization on contentious policy issues is a problem of national concern for both hot-button cultural issues such as climate change and gun control and for issues of interest to more specialized constituencies. Cultural debates have become so contentious that in many cases people are unable to agree even on the underlying facts needed to […]

Liam O’Melinn, ‘The Ghost of Millar v Taylor: The Mythical Common Law Origins of Copyright and the Copyright Servitude’

Abstract The Ghost of Common Law Copyright walks abroad once more, relishing the prospect of ‘the next great copyright act’ and tempting us to inquire anew whether the origins of copyright are to be found in the common law. Despite being answered time and again in the negative, this question preys upon modern sensibilities predisposed […]

Rob Batty, ‘Loss of Property Ownership and Registered Trade Mark Law’

Abstract It is difficult for the ownership of a tangible item of personal property to be involuntarily lost. Ongoing ownership is not tied to use of an item. It is generally thought, though, that ownership can be voluntarily abandoned. Abandonment then frees up an item to become owned by another. Although a registered trade mark […]

Marc Ginsberg, ‘Informed Consent: No Longer Just What the Doctor Ordered? Revisited’

Abstract As the law of informed consent has developed and courts have recently considered different informed consent issues unrelated to the typical required disclosure. In light of these decisions, I have concluded that it is time to revisit the unconventional and other selected topics of informed consent. Ginsberg, Marc, Informed Consent: No Longer Just What […]

Čadjenović, Miscenic, Dabović-Anastasovska, Dollani, Gavrilović, Mirić, Meškić and Zdraveva, ‘EU Consumer Contract Law’

Abstract The Report gives an in depth analysis of implementation of EU Directives on consumer protection into six countries of South East Europe. In the Part 1, the team presents an overview of the legislative techniques of each participating state which has been prepared by the respective national reporter. The Part 2 demonstrates the transposition […]

Victor Goldberg, ‘Consequential Damages and Exclusion Clauses’

Abstract Contracts often include language excluding compensation for consequential damages. However, the boundary between consequential and direct damages is a blurry one. Courts have used concepts like foreseeability, natural result of the breach, and collateral business in their attempts to define the boundary. Those categories, I argue, are not particularly helpful. I consider three classes […]

Call for Papers: 18th Annual Intellectual Property Scholars Conference (IPSC): Berkeley, 9-10 August 2018

The Berkeley Center for Law & Technology is pleased to host the 18th Annual Intellectual Property Scholars Conference (IPSC) on August 9-10, 2018. The IPSC brings together intellectual property scholars to present their works-in-progress in order to benefit from the critique of colleagues. The conference is co-sponsored by the Berkeley Center for Law and Technology, […]

‘Measuring Common Claims About Class Actions’

Joanna C Schwartz, The Cost of Suing Business, 65 DePaul Law Review 655 (2016). Joanna C Schwartz’s 2016 article, ‘The Cost of Suing Business’, comes out of the Clifford Symposium on Tort Law and Social Policy at DePaul University College of Law – an annual gathering now in its twenty-fourth year that, under Professor Stephan […]