Monthly Archives: November, 2018

LSE Private Law Forum 2018-19

Wednesday 21 November, 4pm Peter Turner (Cambridge), ‘Lex Sequitur Equitatem: Fusion and the Penalty Doctrine’ Thursday 13 December, 4pm Dan Priel (Osgoode Hall), ‘The Impossibility of Independent Corrective Justice’ Thursday 7 February, 12pm Prince Saprai (UCL), ‘Contract Law Without Foundations: Towards a Republican Theory of Contract Law’ Thursday 28 February, 1pm Aness Webster (Nottingham, Philosophy), […]

‘Personal Data as an Environmental Hazard’

Omri Ben-Shahar, ‘Data Pollution’, University of Chicago Public Law & Legal Theory Paper Series, No 679 (forthcoming 2018), available at SSRN. What was the nature of the harm when data on 143 million Equifax consumers was stolen? More generally, what is the problem with personal data use and misuse by commercial players? The most immediate […]

Recently Published: Property Theory: Legal and Political Perspectives (Penner and Otsuka eds)

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential […]

Lloyd Bonfield, ‘Farewell Downton Abbey, Adieu Primogeniture and Entail: Britain’s Brief Encounter with Forced Heirship’

Abstract This article observes a little-noted proposal (the Landed Property of Intestates Bill) introduced into the British Parliament in 1836. It considers the debate upon it that ensued and the accompanying pamphlet literature. The Bill proposed to alter the inheritance custom of primogeniture that directed the pattern of descent of freehold land in the absence […]

‘Postdoctoral Position at the University of Milan’

“The University of Milan will recruit a postdoctoral researcher in Private International Law or Civil Procedure or European Private law, starting in January 2019, for a duration of 21 months (renewable once). The researcher will work on the project ‘Facilitating cross-border family life: towards a common European understanding – EUFam’s II’ …” (more) [Antonio Leandro, […]

Price v MGN, “Disgraced” chief constable’s libel claim not an abuse’

“On 8 November 2018, Mr Justice Warby handed down judgment in the case of Price v MGN Ltd [2018] EWHC 3014 (QB). The proceedings relate to three articles (copies of which are annexed [pdf] to the judgment) which made serious imputations about the Claimant’s alleged participation in the illegal accessing of the mobile phone records […]

Victor Goldberg, ‘The Lost Volume Seller In English Law’

Abstract If a buyer breaches a contract but the market price has remained unchanged, English courts and the treatises have treated the seller as a ‘lost volume seller’. The seller, it is argued, could have had two sales, not one, so it lost the profit on the second sale. This paper recognizes that the buyer […]

Paul Babie, ‘The Future of Private Property’

Abstract Using the theory of inequality developed by Wilkinson and Pickett in The Inner Level: How More Equal Societies Reduce Stress, Restore Sanity and Improve Everyone’s Well-being, this review essay canvasses two recent normative contributions that claim a way forward for the concept and law of private property: Alexander’s defence of private property as fostering […]

Dignam and Oh, ‘Disregarding the Salomon Principle: An Empirical Analysis, 1885–2014′

Abstract For over a century UK courts have struggled to negotiate a coherent approach to the circumstances in which the Salomon principle – that a corporation is a separate legal entity – will be disregarded. Empirical analysis can facilitate our understanding of this mercurial area of the law. Examining UK cases from 1885 to 2014, […]

Mark Coen and Niamh Howlin, ‘The Jury Speaks: Jury Riders in the Nineteenth and Twentieth Centuries’

Abstract Jury riders are statements that accompany verdicts. This article examines the use and contents of jury riders in Ireland and England in the nineteenth and twentieth centuries. It reveals the wide variety of contexts in which jurors appended statements to their verdicts and suggests a typology of jury riders in order to better understand […]