Monthly Archives: March, 2018

‘Micro-Justice and New Law? “Swarm Arbitration” as a Means of Dispute Resolution in Blockchain-Based Smart Contracts’

If Alice wishes to buy real estate from Bert free of defects, she will – under the old law – enter into a contract with Bert contemplating their transaction. Their contract will be governed by the applicable substantive law (statutory law, court decisions), setting the legal framework for both the validity of the contract and […]

‘Smart consumer contracts: The end of civil procedure?’

Today, consumers are provided with a vast array of mandatory consumer rights, ranging from statutory warranty and cancellation rights to claims for compensation in cases of impaired performance. However, the mere existence of these rights is of limited avail for consumers. Legal practice shows that there is a huge difference between having rights and enforcing […]

Hanoch Dagan, ‘A Liberal Theory of Property’: Trinity College Dublin, 4 April 2018

The Private Law Group presents ‘A Liberal Theory of Property’ by Prof Hanoch Dagan. Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and the Director of the Edmond J. Safra Center for Ethics at Tel-Aviv University … (more)

Layne Keele, ‘Copyright Infringement’s Blurred Lines: Allocating Overhead in the Disgorgement of Profits’

Abstract … In this Article, I argue that all of these holdings are wrong. Specifically, I argue that overhead should reduce the defendant’s profit calculation only when the defendant can prove that, but for the infringement, it would have utilized the assets represented by the overhead in some other revenue-generating fashion. Although there may be […]

Shadmehr, Cameron and Shahshahani, ‘Coordination and Innovation in Judiciaries: Correct Law vs Consistent Law’

Abstract We examine a coordination dilemma among judges who do not have formal legal authority over each other. The coordination dilemma arises because judges value both ‘correct’ law – law in accordance with jurisprudential principles and responsive to changing social needs – and ‘consistent’ law – law uniformly implemented by all judges. These twin goals […]

Richard Marcus, ‘Revolution v Evolution in Class Action Reform’

Abstract It is widely agreed that the federal-court class action became a somewhat revolutionary device after Rule 23 was amended in 1966. Since 1966, further substantial changes to the rule have been considered by the rulemakers, but more proposals have been discarded than adopted. Meanwhile, a major battle has emerged about whether class actions should […]

Emily Sherwin, ‘Modern Equity’

Abstract In this essay, I examine the role that equity historically has played in moderating the outcomes of determinate legal rules in particular cases. The advantage of traditional equity was that its role within the legal system was subordinate relatively obscure, allowing courts to affirm the authority of rules while altering their consequences in particular […]

Leah Slyder, ‘Rape in the Civil and Administrative Contexts: Proposed Solutions to Problems in Tort Cases Brought by Rape Survivors’

Introduction … This Note will argue that civil suits brought by rape survivors against their attackers are ultimately an ineffective alternative to the criminal justice system in solving this problem. While at first they may seem appealing, these suits raise many of the same problems as found in criminal cases. Accordingly, an administrative system designed […]

Emily Sherwin, ‘The Rationality of Promising’

Abstract This essay first examines various conceptions of promissory obligation, which suggest a range of possible benefits associated with promising. Theories of temporally extended practical rationality suggest that to obtain benefits of this kind, it may be rational for a promisor to treat his or her promise as binding. The difficulty is that, whatever practical […]

‘Judge-Made Risk Regulation and Tort Law’: European Journal of Risk Regulation, special number

European Journal of Risk Regulation, Volume 9 – Issue 1 – March 2018 € Judge-made risk regulation and tort law: an introduction (Elbert R De Jong, Michael G Faure, Ivo Giesen, Peter Mascini) Tort Law and Judicial Risk Regulation: Bipolar and Multipolar Risk Reasoning in Light of Tort Law’s Regulatory Effects (Elbert R De Jong) […]