Monthly Archives: April, 2024
Symposium – Recognising Wrongs – John Goldberg and Ben Zipursky
Justifying Civil Recourse for Wrongs (Sandy Steel) Relational Wrongs vs. Wrongs Period: Personal Accountability vs. Accountability to the Moral Community (Stephen Darwall) There is Nothing Tort Law is About: Comment on Goldberg and Zipursky’s Recognizing Wrongs (David Enoch) Which Wrongs Make a Right? Goldberg and Zipursky on Tort (Jeffrey S Helmreich) Duty of Noninjury, Duty of Care, […]
Mark Leeming, ‘Book Review Essay – Understanding the Law of Assignment’
ABSTRACT This essay-length review of Professor Tham’s book traverses the appropriateness of the author’s conceptual model of equitable assignments, the significance of labels and the illusory certainty of definitions in legal reasoning, and the history leading to the 1873 Judicature legislation, while also touching on quantum electrodynamics and the ways in which Pollock made substantive […]
Blair Bullock, ‘Frivolous Floodgate Fears’
ABSTRACT When rejecting plaintiff-friendly liability standards, courts often cite a fear of opening the floodgates of litigation. Namely, courts point to either a desire to protect the docket of federal courts or a burden on the executive branch. But there is little empirical evidence exploring whether the adoption of a stricter standard can, in fact, […]
Marin Scordato, ‘The Curious Case of Tort Liability for a Defective Product That the Defendant Did Not Make, Sell, or Distribute’
ABSTRACT Rarely does the United States Supreme Court consider and decide an issue of tort law, especially one that does not implicate any aspect of federal constitutional law. The problem of bare-metal equipment is just such an issue, taken up and addressed by the US Supreme Court less than three years ago in the case […]
Baker and Parameswaran, ‘Reasonableness’
ABSTRACT This paper investigates what makes behavior reasonable. Two actors exert effort towards a goal. The planner knows each actor’s cost of effort. The actors know their own cost, but not their counter-party’s. We find that the planner will not base incentives on the actors’ cost of care (information that is free and accurate). Instead, […]
Paul Miller, ‘Formalism, Legality, and the Rule of Law’
ABSTRACT This chapter examines the relationship between formalist interpretive methodology and ideals of legality and the rule of law. In other work, I have argued that the structural formality of law and deliberatively formalistic legal reasoning are closely associated with legality and the rule of law. Here, I make the case that association is both […]
David Foster, ‘Historical Conceptions of the Express Trust, c 1600-1900’
ABSTRACT This chapter discusses the historical and analytical conceptions of the express trust in the period c 1600 – 1900. Particular emphasis is placed upon the historical conception of the trust as a ‘confidence annexed in privity’ and the slow reification of the beneficiary’s right under a trust in the case law and treatise literature […]
Devin Humphreys, ‘The Constructive Estate: Developing an Adequate Remedy at Law, Not Equity’
ABSTRACT The vast majority of first-year property students become aware of two basic categories of estates in fee simple: the fee simple absolute, and the fee simple with various encumbrances (determinable, subject to condition subsequent, subject to executory limitation, and so forth). Concurrently, however, those same students become aware of a large body of case […]
Aditi Bagchi, ‘Pluralism’
ABSTRACT The chapter first identifies the two leading monist theories of contract and illustrates their deficits. Autonomy-based accounts that explain contract law as a vindication of promise hold that contract law is designed either to support the practice of promise or to comply with its moral demands. Legal economic theories of contract imply that the […]
‘CJEU confirms: consumer notions in contract law and private international law are not equivalent’
Earlier today the Court of Justice issued the judgment in case C‑570/21, YYY (Notion de consommateur). The case concerned, once again, the notion of the consumer under Directive 93/13/EEC on unfair terms in consumer contracts (UCTD). The Court has already dealt with similar problems in its earlier case law, recently eg in case C-485/21, SV […]