Monthly Archives: June, 2018

‘Job Vacancy at the University of Trier (Germany)’

“The Faculty of Law at the University of Trier is looking for a research fellow (Wissenschaftliche(r) Mitarbeiter(in)) at the Chair for Private Law, Private International Law and Comparative Law (Prof Dr Jens Kleinschmidt, LLM (Berkeley)) on a part-time basis (50%) as soon as possible …” (more) [Giesela Ruehl, Conflict of Laws .net, 30 June]

Andreas Rahmatian, ‘Money as a Legally Enforceable Debt’

Abstract Money is usually regarded as a subject in the domain of economists, but it is really a fundamentally legal notion. In fact, it is a creation of the law. Money is a special object of property, and at the same time a form of debt, enforceable by law which ultimately confers on it the […]

Mihail Danov, ‘Cross-border litigation in England and Wales pre-Brexit data and post-Brexit implications’

Abstract In the pre-Brexit era, England has established itself as one of the dominant jurisdictions for the resolution of cross-border disputes in the European Union (and the world). The legal regime in relation to private international law (PIL) in England and Wales has been significantly influenced by the EU PIL framework that was adopted at […]

Jeffrey Lipshaw, ‘The Persistence of “Dumb” Contracts’

Abstract ‘Smart contracts’ are a hot topic. Presently, smart contracts mostly consist as evidence of property, like crypto-currencies or mortgages, created and/or transferred on blockchain technology. This is an exploration of the theoretical possibilities of artificial intelligence in a far broader range of complex and heretofore negotiated transactions that occur over time. My goal is […]

Herbert Zech, ‘Liability for Autonomous Systems: Tackling Specific Risks of Modern IT’

Abstract Recent developments in the area of Artificial Intelligence (AI) have been leading to increasingly autonomous systems, showing the capability of self-learning. In addition, self-learning made significant progress by the realization of multi-layered artificial neural networks with an ever-increasing complexity. These new technologies cause the emergence of new specific risks. Liability law may specifically address […]

Luther Munford, ‘Litigation as a Tort’

Abstract Using a fictional lawsuit between Cain and Abel as an illustration, the article demonstrates that, but for litigation privilege, many of the ordinary steps in litigation would be actionable torts, such as defamation, intentional infliction of emotional distress, and false imprisonment. These are examples of ‘litigation injury’ which cannot be eliminated from the legal […]

Just Published: Uniform Rules for European Contract Law? A Critical Assessment (Francisco de Elizalde ed)

Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess […]

Paul Miller, ‘New Frontiers in Private Fiduciary Law’

Abstract This chapter in the forthcoming Oxford Handbook of Fiduciary Law charts new frontiers of scholarly inquiry in fiduciary law. The chapter first orients the reader by taking stock of the current state of play in fiduciary law scholarship. The chapter then identifies a range of important questions that should inspire future work in the […]

D Theodore Rave, ‘Two Problems of Fiduciary Governance’

Abstract Two distinct governance problems arise whenever individuals surrender their autonomy to a collective decision-making process: a principal-agent problem and a tyranny-of-the-majority problem. But fiduciary law – both public and private – often conflates the two, speaking of the duties that the majority owes the minority in the same terms as the duties that agents […]

Dagan and Heller, ‘Freedom, Choice, and Contracts’

Abstract In The Choice Theory of Contracts, we explain contractual freedom and celebrate contract types. This Issue offers penetrating critiques. Here, we reply by refining choice theory and showing how it fits and shapes the contract canon. I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge […]