Monthly Archives: March, 2019

‘The Rise and Rise of Transformative Use’

“I’m a big fan of transformative use analysis in fair use law, except when I’m not. I think that it is a helpful guide for determining if the type of use is one that we’d like to allow. But I also think that it can be overused – especially when it is applied to a […]

Rebecca Crootof, ‘The Internet of Torts’

ABSTRACT The proliferating internet-connected devices that constitute the ‘Internet of Things’ (IoT) grant companies unprecedented control over consumers’ use of property, often at the expense of consumer safety. Companies can now remotely – and, with algorithmic enforcement, automatically – alter or deactivate items, a practice that causes foreseeable property damage and even bodily injury when […]

Goldman and Silbey, ‘Copyright’s Memory Hole’

ABSTRACT There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts. The Constitution authorizes copyright law because its exclusive rights benefit society […]

‘Legal Theory Lexicon: Common Law’

“Law students encounter the notion of ‘common law’ very early in their legal education, frequently in an orientation program or on the first day of classes. The standard law school curriculum includes courses in contracts, property, and torts, which are ‘common law’ subjects. And the reading of common law cases as presented in casebooks is […]

‘No Tort of Harassment for You!’

“The common law in Ontario has proven relatively adept at developing new torts, in particular in the area of privacy law, to change and adapt to relatively stagnant or unsatisfactory statutory developments. Although the tort of intimidation has long been recognized as giving rise to a cause of action, as affirmed in cases such as […]

‘Book Launch: A Conceptual Analysis of European Private International Law’

“Dr Felix M Wilke (University of Bayreuth, Germany) recently published a new book titled A Conceptual Analysis of European Private International Law. Here is an overview provided by the author …” (more) [Matthias Weller, Conflict of Laws .net, 15 March]

Dalié Jiménez, ‘Ending Perpetual Debts’

ABSTRACT Consumer debts in the United States can effectively live (and grow) forever: most statutes of limitations do not extinguish them; they can morph into relatives’ obligations after the debtor’s death; and they sometimes rise from the grave even after they have been paid. All the while, interest and fees accrue. There is one sure […]

Harris and Peeples, ‘Medical Malpractice Litigation in North Carolina: What Claims Get Paid, and for How Much?’

ABSTRACT Medical malpractice litigation lends itself to empirical research. This article draws on a unique dataset consisting of all the filed cases closed by a major medical malpractice insurer over a two-year period. Using this data, this article addresses two questions. First, what factors drive indemnity payments made in settlement of claims? Second, what factors […]

Guttel and Porat, ‘Tort Liability and the Risk of Discriminatory Government’

ABSTRACT When individuals and firms fail to invest in adequate care, the government often steps in, taking costly measures to restore safety or mitigate harm. Under such circumstances, a question arises as to whether the government can demand recovery for its costs. For many years, the answer has been negative; tort law has persistently refused […]

Maryam Jamshidi, ‘How the War on Terror Is Transforming Private US Law’

ABSTRACT In thinking about the War on Terror’s impact on US law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War […]