Monthly Archives: March, 2024
Asay, Hingson and Plamondon, ‘Extra-Legal Uses of TM’
ABSTRACT Theoretical accounts of trademark law suggest that trademarks serve multiple marketplace functions, including protecting consumers and producers from unfair dealing, reducing consumer search costs, and incentivizing higher quality goods and services. Producers of goods and services often use the ‘TM’ symbol to signal their assertion of legal rights in a mark, arguably helping advance […]
‘Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany’
On 8 and 9 March, scholars from more than a dozen different jurisdictions followed the invitation of Tobias Lutzi to discuss recent trends in punitive damages at the University of Augsburg, Germany. Despite an unfortunate combination of rail and flight strikes, only a small number of participants were ultimately unable to make it to Augsburg. […]
Eleni Katsampouka, ‘Punitive Damages and “Cause of Action Restrictions”’
ABSTRACT This article examines ’cause of action restrictions’ on the jurisdiction to award punitive damages. These are restrictions on the recoverability of punitive damages that are imposed solely by reference to the cause of action in which the claimant sues. The article focuses on the unavailability of punitive damages for equitable wrongs and breach of […]
Richard Wagner, ‘Private law and public law within a theory of society’
ABSTRACT This paper treats latent conflict and not open concord as the key feature of human society. Harold Berman (1983) presented a magisterial survey of the development of the western legal tradition between approximately 1100 and 1900, the central feature of which was the emergence of polycentric legal arrangements and processes where conflicts are resolved […]
Brian Tamanaha, ‘Vertical and Horizontal Dimensions of the Rule of Law’
ABSTRACT This Article draws out the implications of a conceptual distinction between the vertical and horizontal dimensions of the rule of law at domestic and international levels. The vertical dimension – which focuses on liberty and restraints on arbitrary government power – examines the top-down relationship between government officials and private actors in relation to […]
Goold and Simon, ‘On Copyright Utilitarianism’
ABSTRACT Utilitarians typically argue that the state should grant copyright to authors only when doing so promotes utility. In recent years, however, this argument has faced three criticisms. As a normative matter, critics argue that a utilitarian copyright system is neither just nor attractive. As an epistemological matter, critics argue that society cannot ever know […]
Steven Shavell, ‘An Alternative to the Basic Causal Requirement for Liability Under the Negligence Rule’
ABSTRACT The primary causal requirement that must be met for a negligent party to be held liable for a harm is a demonstration that the harm would not have occurred if the party had not been negligent. Thus, for a speeding driver to be found liable for harm done in a car accident, it must […]
Jack Wold-McGimsey, ‘Climate Change and Modern State Common Law Nuisance and Trespass Tort Claims’
ABSTRACT This Comment examines the use of state common law tort claims to address climate change. The aim of this work is not to provide an in-depth examination of these issues, but rather to provide a contextualized and comprehensive overview of some of the most important issues in this field using modern cases actively being […]
Mark Giancaspro, ‘Cryptocurrency and the Consideration Conundrum: Does Crypto Have Legal Value under Contract Law?’
ABSTRACT Cryptocurrency is a flagship technology of the Fourth Industrial Revolution. Millions of crypto trades are occurring daily, with the global crypto market now having an estimated capitalisation of US$2.47 trillion. It was inevitable that cryptocurrency’s compatibility with existing legal frameworks would be questioned, though close to no attention has been devoted to its inherent […]
Nicholas Sage, ‘Agreement’
ABSTRACT In this chapter I highlight two related approaches to theorising contractual agreement that I believe are problematic, and I suggest how we might avoid the problems. The first approach is problematically individualistic and generates various paradoxes. My suggested cure is to think in more ‘relational’ terms. The second approach is overly abstract and I […]