Monthly Archives: April, 2019

Schwenzer and Muñoz, ‘Duty to renegotiate and contract adaptation in case of hardship’

ABSTRACT This article examines the situations in which hardship takes place and offers a substantiated analysis about the desirability or necessity of certain remedies under domestic laws, model hardship clauses and international legal instruments. The authors submit that the duty to renegotiate as well as the remedies of contract adaptation and/or termination by a court […]

‘“Renegotiated Families” and Donative Intent’

Naomi R Cahn, Revisiting Revocation Upon Divorce?, 103 Iowa Law Review 1879 (2018). Last year I reviewed Adam J Hirsch, ‘Inheritance on the Fringes of Marriage’, which explored whether donors would want their fiancé, ex-fiancé, separated spouse, or divorcing spouse to take a share of their estate. Following this theme of donor intent vis-à-vis a […]

Vedanta v Lungowe Symposium Wrap Up’

“Claire Bright has nicely concluded the series of blogs in this online symposium on the legal and policy implications of the UK Supreme Court judgment on jurisdiction in Vedanta v Lungowe. It is time now to close the symposium and gratefully acknowledge the participants …” (more) [Carlos Lopez, Opinio Juris, 26 April]

W Kip Viscusi, ‘Efficiency Criteria for Nudges and Norms’

ABSTRACT This article outlines benefit-cost criteria for nudges and behavioral norms for a wide range of policy situations. The principal benefits from well-designed policies usually derive from promoting efficient behaviors, but there also may be counterpart costs generated by discouraging efficient behaviors. The distinguishing economic characteristic of nudges is not only that they are less […]

What’s Real? – IP from a Property Theory Perspective: Santa Fe, New Mexico, 1 June 2019

IPIL’s National Conference, traditionally held in Santa Fe, New Mexico, has through the years provided scholars a unique setting to develop, debate and deploy commentary and policy proposals concerning intellectual property and information law … (more)

‘Max Planck Institute Luxembourg: Call for Applications for PhD Scholarships’

“The Max Planck Institute Luxembourg has launched a call for applications for PhD scholarships in 2020. Advanced doctoral students working in comparative procedural law, international procedural law and adjudication are invited to apply by 31 May 2019. While proficiency in English is compulsory, the call is also open to doctoral candidates writing their thesis in […]

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 […]