Monthly Archives: November, 2019

‘Job: Chair in Comparative Law (University of Aberdeen) (Deadline: 13 December 2019)’

“The University of Aberdeen has a job opening for a chair in comparative law. The School of Law at the University of Aberdeen wishes to appoint a Chair in Comparative Law. We will be happy to receive applications from high-quality candidates having any specialism within this broad area …” (more) [Filip Batsele, ESCLH, 13 November]

‘The Negotiation Class Action’

Francis E McGovern and William B Rubenstein, ‘The Negotiating Class: A Cooperative Approach to Class Actions Involving Large Stakeholders’, Duke Law School Public Law and Legal Theory Series No 2019-41 (June 13, 2019), available at SSRN. A common criticism of modern academic legal writing is its lack of usefulness in the real world of practice. […]

‘Can an employee’s freedom of expression trump their confidentiality obligations? The ECtHR weighs in (in a case concerning an employee’s personal website)’

“By reading the very interesting EU Law Live Blog, The IPKat has discovered an intriguing decision (Herbay v Hungary, Appl No. 11608/15) that the European Court of Human Rights (ECtHR) issued just a few days ago on the thorny issue of whether an employee’s own confidentiality obligations trump their freedom of expression and information under […]

Nora Freeman Engstrom, ‘The Lessons of Lone Pine’

ABSTRACT Over the past three decades, Lone Pine orders have become a fixture of the mass-tort landscape. Issued in large toxic-tort cases, these case-management orders require claimants to come forward with prima facie injury, exposure, and causation evidence by a date certain – or else face an early and unceremonious dismissal. So far, the orders […]

Jonathan Price, ‘“God Created Man αύτεξούσιον”: Grotius’s Theological Anthropology and Modern Contract Doctrine’

ABSTRACT Hugo Grotius, the seventeenth century Dutch scholar, is most famous for his contributions to modern international law, particularly the law of the free seas. Yet, he has had just as lasting an effect on the formation of modern contract doctrine, originating in the same text that produced his maritime law. Grotius instigates a change […]

Elias Feldman, ‘Strict Tort Liability for Police Misconduct’

ABSTRACT The disproportionate rates at which police use wrongful deadly force against racial minorities in the United States is a matter of significant national concern. This Note contributes to the ongoing conversation by proposing a new legal reform, which calls for the state law imposition of strict tort liability on municipal governments for police misconduct. […]

‘Contracts Formed by Software: When Things Go Wrong’

“The use of software in contract formation is likely to become increasingly pervasive in light of the digital economy. Consequently, software can also be expected to exhibit greater autonomy and take on increasingly complex transactions and contract negotiations. It is important that a legally coherent, fair, certain and economically justified approach be taken to regulate […]

Law and Philosophy Special Issue: Seana Shiffrin’s ‘Speech Matters’

INTRODUCTION … Kate Greasley and Christopher Mills discuss Shiffrin’s account of lying and deception in Chapter One of Speech Matters. Prince Saprai explores the account of duress offered in Chapter Two. Eric Barendt critically discusses the thinker-based approach (Chapter Three) and situates it within broader debates in free speech theory. Leslie Kendrick engages with Shiffrin’s […]

Erik Olsen, ‘The early modern “creation” of property and its enduring influence’

ABSTRACT This article redescribes early modern European defenses of private property in terms of a theoretical project of seeking to establish the true or essential nature of property. Most of the scholarly literature has focused on the historical and normative issues relating to the various accounts of original acquisition around which these defenses were organized. […]

Kesan and Gallo, ‘The Political Economy of Intellectual Property Reforms’

ABSTRACT Intellectual property (IP) law regimes in the United States are designed as tradeoffs between protection for creators (inventors, authors, and the like), and the interests of the consuming public. Reform of the patent system does not ascribe to a general idea of optimality or system efficiency but must address and respond to a complex […]