Monthly Archives: September, 2019

‘Call for Proposals – Feminist Judgments: Rewritten Corporate Law’

“The US Feminist Judgments Project seeks contributors of rewritten judicial opinions and private contracts, and commentaries on rewritten opinions and contracts, for an edited collection tentatively titled Feminist Judgments: Rewritten Corporate Law. This edited volume is part of a collaboration among law professors and others to rewrite, from a feminist perspective, key judicial decisions in […]

Ari Ezra Waldman, ‘Cognitive Biases, Dark Patterns, and the “Privacy Paradox”’

ABSTRACT Scholars and commentators often argue that individuals do not care about their privacy, and that users routinely trade privacy for convenience. This ignores the cognitive biases and design tactics platforms use to manipulate users into disclosing information. This essay highlights some of those cognitive biases – from hyperbolic discounting to the problem of overchoice […]

‘Does IP boost the European economy? EPO and EUIPO say so’

“Hot off the press is a joint report by the European Patent Office (EPO) and European Union Intellectual Property Office (EUIPO) entitled IPR-intensive industries and economic performance in the European Union. Now in its third edition, the findings remain consistent with earlier versions (from 2013 and 2016): according to the header on the EUIPO Observatory’s […]

‘Legal Theory Lexicon: Rules, Standards, Principles, Catalogs, and Discretion’

“Early on in law school, law students begin to realize that legal norms are not all cut from the same cloth. Some rules provide ‘bright lines’, others ‘fuzzy lines’, and yet others, no lines at all. The ‘reasonable person’ test in tort law constrains in a very different way than does the rule against perpetuities […]

Bruce Chapman, ‘Moral Consensus, Rights and Efficiency in the Economic Analysis of Law’

ABSTRACT The primary value that grounds the determination of rights within economic analysis of law is Kaldor–Hicks efficiency. This is a value that, while it claims a Paretian pedigree, can, if pursued systematically and without qualification, lead to an outcome where everyone in some society or some organisation is worse off than they might otherwise […]

‘Not a revolution in property investment’

“Following my last post about fractionalised land title on blockchain, I’ve been thinking through a number of additional unanswered questions about the proposal. Based on responses and discussions on Twitter, it seems clear that there is no use case for blockchain in this context even though it is possible to roll it out. Assuming it […]

Michael Douglas, ‘Judges’ Scholarly Writing As a Source of Common Law’

INTRODUCTION The sunset of Lord Sumption’s judicial career, and the new dawn of his life in the academe, is a reminder of the relationship between judicial writing and legal scholarship. Although Lord Neuberger has suggested that judges and professors are ‘ships passing in the night’, who only occasionally speak to one another, many judges engage […]

Llezlie Green, ‘Wage Theft in Lawless Courts’

ABSTRACT Low-wage workers experience wage theft – that is, employers’ failure to pay earned wages – at alarmingly high rates. Indeed, the number of wage and hour cases filed in federal and state courts and administrative agencies steadily increases every year. While much of the scholarly assessment of wage and hour litigation focuses on large […]

Jill Hasday, ‘Introduction: Intimate Lies and the Law

ABSTRACT Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate’s bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in […]

‘Dieselgate: Germany’s Volkswagen faces first mass lawsuit on home turf’

“Car behemoth Volkswagen will face a German court Monday, as hundreds of thousands of owners of manipulated diesel cars demand compensation four years after the country’s largest post-war industrial scandal erupted. The first hearing in what is likely to be a grinding, years-long trial opens at 10am in Brunswick, around 30 kilometres from VW headquarters […]