Monthly Archives: February, 2019

Uri Benoliel, ‘The Course Of Performance Doctrine In Commercial Contracts: An Empirical Analysis’

ABSTRACT … Despite the widespread debate over the course of performance doctrine, there are no quantitative empirical studies aimed at directly exposing the parties’ true intention about the doctrine. This Article aims to fill this research void by empirically analyzing actual anti-course of performance clauses in commercial contracts. By examining 1,550 commercial contracts that have […]

Call for Papers: Data-Driven Personalisation in Markets, Politics and Law: Southampton Law School, 28 June 2019

We will be holding a workshop on the topic of ‘Data-Driven Personalisation in Markets, Politics and Law’ on Friday 28 June 2019 at Southampton Law School. This is an important emerging area of law that goes well beyond data protection law, raising questions for criminal law, consumer protection, competition and IP law, tort law, administrative […]

Marco Jimenez, ‘Bridging The Property-Contract Divide: Testing The Endowment Effect In Contract Law’

INTRODUCTION … Therefore, this Article fills this empirical gap and tests whether, and to what extent, the endowment effect applies directly to the promises to exchange goods (ie, contracts), rather than to the property that is frequently exchanged through the medium of contract. More specifically, the question explored in this Article is whether an individual […]

‘Mirror, mirror, tell me, is the Copyright law fair and balanced? Reflection on AG’s conclusions on the Spiegel Online case (Part I)’

“On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). The case is part of a trilogy of preliminary references raised by the German courts focusing on copyright exceptions and the interaction of copyright law with fundamental rights (Pelham, C‑476/17 and Funke […]

Adam Levitin, ‘The Law of the Middle Class: Consumer Finance in the Law School Curriculum’

ABSTRACT America is defined by its broad middle class, but the middle class is virtually absent from the law school curriculum. Law school courses deal with general concerns (contracts, torts, property, and taxes), the concerns of the rich (trusts and estates), and occasionally the law of the poor, but there are no courses dedicated to […]

Mala Chatterjee, ‘Intellectual Property, Independent Creation, and the Lockean Commons’

ABSTRACT Copyright and patent law – which grant exclusive rights in two very different kinds of subject matter, but are nonetheless lumped together as ‘intellectual property’ – are predominantly regarded by US scholars as having the same theoretical underpinnings. This manifests in doctrine, as courts have ruled in a number of ways aiming to unify […]

‘JOBS: PhD and Postdoc Scholarships, Max Planck Institute for European Legal History, Frankfurt am Main (DEADLINE 31 MAY 2019)’

“Every year we welcome numerous researchers and scholarship holders from all over the world who come to Frankfurt in order to get in touch with other researchers in a productive working atmosphere and to conduct research in our library with its many special collections …” (more) [ESCLH, 14 February]

Hila Keren, ‘Valuing Emotions’

ABSTRACT This Article illuminates an unresolved legal enigma: Why is private law so reluctant to compensate victims for emotional harms while it is fully committed to compensating them for any other type of harm? It proposes a novel analysis of the deeper roots of the problem and a solution. This Article shows that the persistent […]

Daniel Barnhizer and others, ‘The Best and Worst of Contracts Decisions: An Anthology’

ABSTRACT The common law of contract is an intellectual and political triumph. In its mature form, it enables judges whose ideological goals may differ to apply doctrines that provide the right to make enforceable promises; with legislation, the common law also provides proper limits on that right. Lately, scholars have produced a flood of contract […]

Miller and Pojanowski, ‘Torts Against the State’

ABSTRACT The state provides the forum in which private parties can seek recourse for tortious wrongs other private parties cause. The state can also be liable for torts it commits. These observations are commonplaces. The state can also be a tort plaintiff, however, and that phenomenon has important implications for tort theory. Natural persons and […]