Monthly Archives: October, 2018

Emily Sherwin, ‘The Rationality of Promising’

Abstract Binding promises yield a number of practical benefits, if in fact they are binding. One benefit is coordination. Knowing that she must perform, the promisor can allocate her time and resources more effectively. The promisee, meanwhile, can make plans on the assumption that the promised act will occur. Markets for future exchange rely on the […]

‘Art and Copyright: what can we learn from the past?’

“Who does the modern law of copyright seek to protect? We are familiar today with the claim that artistic copyright protects artists and, perhaps, users of copyright works. Roll back 150 years, to the nineteenth century, and artistic copyright was also understood in a number of other ways, which are long forgotten today. For instance, […]

Kieron O’Hara, ‘Privacy: Essentially Contested, a Family Resemblance Concept, or a Family of Conceptions?’

Abstract How to understand the concept of ‘privacy’ and related ideas has been very controversial for a number of years. Solove famously referred to privacy as a ‘concept in disarray’. This certainly goes beyond matters of semantics. For instance, understanding the value of privacy depends on how it is conceptualised, while the apparent incoherence of […]

Hanoch Dagan, ‘The Value of Choice and the Justice of Contract’

Abstract This short Essay examines the assurance theory of contract, originally developed by TM Scanlon and recently revived and revised by Emmanuel Voyiakis. Scanlon’s duty-based account of contract properly highlights the intimate connection between contract and the value of choice. In turn, Voyiakis’ revision implies that contract’s normative underpinning must also serve as the foundation […]

Recreating Copyright Law – Redesigning Design Law – Rebranding Trademark Law – Reinventing Patent Law: ATRIP Conference, Nashville, 25-28 August 2019

“There have been, and continue to be, many efforts—perhaps too many—to reform IP law. Those efforts tend to go into two, somewhat opposite directions. One is to reform the laws that have been on the books for decades or more, though efforts to change fundamentals or historical aspects of copyright, trademark and patent law are […]

Yonathan Arbel, ‘Reputation Failure: Market Discipline and Its Limits’

Abstract  Free-market advocates seek to repeal broad swaths of tort, contract, and consumer law, trusting reputation to provide effective market-discipline. Their core belief is that reputation assures honest dealings because a seller reputed to sell inferior goods will lose business. Realizing that, the rational seller will behave honestly in order to maximize profits, thus obviating […]

Rebecca Giblin, ‘A New Copyright Bargain?: Reclaiming Lost Culture and Getting Authors Paid’

Abstract Despite having put authors at the forefront of expansionary rhetoric for generations, copyright can’t seem to find a way of actually getting them paid. At the same time, current approaches negatively impact copyright’s access aims by preventing the preservation and use of works even where their owners have no further interest. These failures come […]

‘Copyright, Smart Contracts, and the Blockchain’

Balázs Bodó, Daniel Gervais, and João Pedro Quintais, Blockchain and Smart Contracts: The Missing Link in Copyright Licensing?, International Journal of Law and Information Technology (September 2018). There has been growing academic interest in the topic of decentralised, distributed open ledger technology – better known as the blockchain (see my last Jot). While the literature […]

‘The European Parliament publishes Study on the impact of Brexit on family law coordinated by Professor Dr Marta Requejo’

“Research coordinated by MPI Luxembourg Senior Research Fellow Professor Dr Marta Requejo Isidro on the impact of Brexit on family law was published end of October by the European Parliament. The work was commissioned and funded by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on […]

‘Oxford Law Special Lecture Series – The Common Law and Finance: Perspectives from the Bench’

“It is now twenty years since the publication of La Porta et al’s ‘Law and Finance’ paper in the Journal of Political Economy. Although the methodology used in early law and finance papers attracted various criticisms, the finding that levels of investor protection vary systematically by legal family and are strongest (at least for some […]