Monthly Archives: December, 2019

‘Civil justice and the new government’

“By any measure the outcome of yesterday’s election was a significant point in the UK’s politics. The returning of the Conservative government with a chunky majority means, first and foremost, that the UK will leave the EU in a little over six weeks, on 31 January 2020. In advance of a new Queen’s Speech, likely […]

‘Hartog on property in land and water’

“As part of his stint as a guest blogger at Legal History Blog, Dirk Hartog recently blogged about his own early work on waterfront development in New York City and his encounter with Debjani Bhattacharyya’s Empire and Ecology in the Bengal Delta: The Making of Calcutta. Some excerpts, followed by a quibble of mine …” […]

‘Damages for Data Protection Breaches – II – Why Murphy v Callinan is wrong’

“In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 […]

Steven Czak, ‘Public Nuisance Claims After ConAgra

ABSTRACT This Note examines the continuing harms of lead-based paint and attempts by cities and states to hold manufacturers and distributors liable for abatement under the public nuisance doctrine. Such suits have stretched traditional conceptions of public nuisance, particularly on the threshold issue of whether pervasive lead paint in residences infringes on a common right […]

Nikos Koutras, ‘From Property Right to Copyright: A Conceptual Approach and Justifications for the Emergence of Open Access’

ABSTRACT This article relies on the premise that to understand the significance of Open Access Repositories (OARs) it is necessary to know the context of the debate. Therefore, it is necessary to trace the historical development of the concept of copyright as a property right. The continued relevance of the rationales for copyright interests, both […]

Jimmy Teng, ‘Optimal Liability Rule in the Context of Hadley v Baxendale

ABSTRACT This paper uses a signaling game model to address the debate between limited liability rule and unlimited liability rule in the context of the case of Hadley v Baxendale (1854). This paper compares the levels of net social surplus obtained by the two legal rules under different sets of parameter values. The parameters investigated […]

Szymon Osmola, ‘Corrective Justice, Freedom of Contract, and the European Contract Law’

ABSTRACT Freedom of contract and corrective justice are considered to be the basic principles governing contract law. However, many contemporary legal orders implement various policy goals into private law. The regulatory private law of the European Union is the most striking example of such a trend. This article aims at reconciling the corrective justice theory […]

‘Issues and Developments in Entertainment Law: an intellectual property perspective’: Richard Arnold, Westminster Law School, 4 February 2020

“Sir Richard Arnold, Visiting Professor at Westminster Law School and recently appointed as a Court of Appeal judge, will be delivering his Annual Lecture on 4 February 2020. This is Sir Richard’s fourth annual lecture and the title is ‘Issues and Developments in Entertainment Law: an intellectual property perspective’ allowing Sir Richard scope to cover […]

Hanson and Peleg, ‘Waiting for Children’s Rights Theory’

ABSTRACT In this article we argue that what is missing in children’s rights studies is not so much the presence of theories, but rather reflections and discussions about the normative relevance, analytical qualities and explanatory powers of the mobilized theories. We consider theorizations in children’s rights, first, on the normative level, where there is a […]

Gold and Smith, ‘Sizing up private law’

ABSTRACT The conflict between external and internal perspectives in private law is both exaggerated and underplayed. Both external and internal perspectives pay too little attention to how the ‘micro’ level of individual, even bilateral, interaction relates to the ‘macro’ level of society and the law as a whole. We will show that both perspectives overlook […]