Monthly Archives: March, 2020

Chantal Mak, ‘Reflections on Transformative Private Law’

What is the meaning of ‘transformative private law’? Or what does membership of a research group that has chosen this name entail? Here are some reflections of a member of the newly launched Amsterdam Centre for Transformative Private Law (ACT), formerly known as the Centre for the Study of European Contract Law (CSECL). Following up […]

Stephen Daly, ‘The Aberrant Tort of Lawful Means Conspiracy?’

INTRODUCTION The lawful means conspiracy tort provides an actionable claim where two (or more) parties combine to engage in a lawful activity, but do so with the predominant purpose of harming the claimant, and in fact do so harm. It is a strange tort, in that it renders unlawful because of a combination that which […]

Special number of Law and Contemporary Problems on ‘Law and Macroeconomics’

Considering Law and Macroeconomics (Anna Gelpern and Adam J Levitin) Time-Varying Measures in Financial Regulation (Daniel K Tarullo) The Macroprudential Implications of the Qualified Mortgage Debate (Patricia A McCoy and Susan M Wachter) Against Regulatory Stimulus (Erik F Gerding) Money, Private Law, and Macroeconomic Disasters (Morgan Ricks) Indexing, Unchained (Daniel Hemel) Public Purpose Finance: The […]

‘A Cold Head Is Not Just for Beer Anymore’

Thomas E Simmons, A Trust for Ted’s Head, 88 Mississippi Law Journal 20 (2019). Over the past twenty years, a new type of bodily disposition for the deceased has come into vogue. It called cryonics: where the decedent’s body (hereinafter called the ‘frozen person’) is preserved at low temperature for an indefinite period until medical […]

Sara Drake, ‘Delays, cancellations and compensation: why are air passengers still finding it difficult to enforce their EU rights under Regulation 261/2004?’

ABSTRACT The aim of this article is to identify why air passengers travelling in the European Union, endowed with the highest standard of consumer protection in the world under EU law, are still being denied their rights and finding it difficult to seek effective legal redress. This article argues that the principal cause of airlines’ […]

‘UK IP courts go virtual, as COVID-19 shutters courtrooms across the globe’

“The legal profession is lucky. Our jobs can be performed anywhere. All we need is a laptop and a phone. However, when it comes to litigation we still prefer our analogue world. We like the tactile nature of hard copy paper bundles that we mark-up and flag. We like walking into a courtroom where we […]

‘Supplying a Key Piece of the Tort-Decline Puzzle’

Alexandra D Lahav and Peter Siegelman, The Curious Incident of the Falling Win Rate: Individual vs System-Level Justification and the Rule of Law, 52 UC Davis Law Review 1371 (2019). In The Curious Incident of the Falling Win Rate, Alexandra Lahav and Peter Siegelman highlight a remarkable – but heretofore overlooked – fact: Between 1985 […]

Léon Dijkman, ‘The European Law of Remedies: a Multi-faceted Enigma’

ABSTRACT Is there such a thing as a European law of remedies? In a new book, Law of Remedies: A European Perspective (Intersentia 2019), editors Franz Hofmann and Franziska Kurz bring together an impressive number of contributions that give the reader a bird’s eye view of this emerging field of study. The potential of remedies […]

Mahieu and van Hoboken, ‘Fashion-ID: Introducing a Phase-Oriented Approach to Data Protection?’

ABSTRACT In this blog-post we discuss the ECJ’s decision in the Fashion-ID case. In particular, we analyze the the Court’s development of a new approach for allocating responsibilities in situations of joint-control in this case. In this ‘Phase oriented-approach’, joint-controllers are only responsible for the phases of the processing in which they are directly involved. […]

Griem and Inderst, ‘Bargaining over Royalties in the Shadow of Litigation’

ABSTRACT We model negotiations over patent royalties in the shadow of litigation through a Nash-in-Nash approach, where outside options, triggered in case of disagreement, are derived from a subsequent game of litigation. The outcome of litigation depends both on ‘hard determinants’, such as relative patent strength, and on ‘soft determinants’, such as parties’ efficacy in […]