Monthly Archives: April, 2019

Peyer and Heywood, ‘Walking on thin ice: the perception of tortious liability rules and the effect on altruistic behaviour’

ABSTRACT Laypeople are often deterred from undertaking altruistic acts, assuming that they face a risk of negligence liability should they injure others while helping. We argue that the laypeople’s interpretation of the law does not correspond with the courts’ interpretation of negligence liability. Reviewing the case law, we demonstrate that the courts treat such cases […]

Alex Silk, ‘Theories of Vagueness and Theories of Law’

ABSTRACT It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed […]

‘Rethinking Tort Liability for Suicides’

Alex B Long, Abolishing the Suicide Rule, 113 Northwestern University Law Review 767 (2019). Suicide has become an important public-health problem, leading Alex Long to revisit the unduly neglected question of whether tort law should recognize wrongful-death actions for cases in which the defendant’s tortious conduct caused the victim to commit suicide. After describing the […]

Friehe and Gabuthy, ‘On Plaintiff Preferences Regarding Methods of Compensating Lawyers’

ABSTRACT This paper analyzes a litigation contest in which the plaintiff’s lawyer and the defendant choose effort. The plaintiff selects the relative importance of a contract component related to the judgment (similar to contingent fees) and a component related to the lawyer’s efforts (similar to conditional fees) to ensure lawyer participation and guide the lawyer’s […]

Just Published: Modern Studies in Property Law, Volume 10 edited by McFarlane and Agnew

This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by […]

Liu and Hyman, ‘Targeting Bad Doctors: Lessons from Indiana, 1975-2015’

ABSTRACT For physicians, quality of care is regulated through the medical malpractice and professional licensing/disciplinary systems. The medical malpractice (med mal) system acts through ex post private litigation; the licensing system acts through ex ante permission to practice (ie, licensure), coupled with ex post disciplinary action against physicians who engage in ‘bad’ behavior. How often […]

‘Save the date: IC2BE final Conference 21 and 22 November 2019, Antwerp’

“The final conference for the EU-funded IC2BE project will take place in Antwerp on 21 and 22 November 2019. This project is the follow-up of the EUPILLAR project, which was concluded in 2016. IC2BE investigates in eight Member States the application of the European Private International Law Instruments of the second generation, ie the unified […]

‘Case Law: Ali v Channel 5, Can’t pay? Court of Appeal does not take claimants’ damages away (but neither will it increase them)’

“In Ali and another v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action […]

Ridge and Dietrich, ‘Challenging Conceptions of Accessory Liability in Private Law’

ABSTRACT This article concerns recent challenges to the utility of ‘accessory liability’ as an organising principle or concept in private law and argues that accessory liability is a coherent body of law with common features that is worthy of separate, holistic treatment. We defend a conceptual framework for accessory liability which is dynamic in its […]

Christopher Rodgers, ‘Towards a Taxonomy for Public and Common Property’

ABSTRACT This article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both ‘owners’ and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article […]