Monthly Archives: May, 2024
van Laarhoven and Claerhoudt, ‘A New Leaf: Is It Time to De-objectify Plants in Private Law?’
ABSTRACT In civil law jurisdictions, plants have traditionally been classified as ‘objects’ (or ‘things’) under private law, reflecting an age-old tendency, certainly in the Western world, to underestimate and undervalue plants. Recent legal debates increasingly acknowledge the special nature of plants. Perhaps the most eye-catching debate in this context is the one on Rights of […]
Claudio Trovato ‘A shift from contractarianism to “characterisation”: Assessing the ideal Australian approach for determining fiduciary duties in a commercial context’
ABSTRACT In the wake of excessive judicial reliance on a contractarian approach to the assessment of fiduciary duties in commercial contexts, both judicial and academic concern has been voiced as to whether such an approach is the most appropriate to ensure fair dealing. What’s more, the emergence of novel commercial relationships facilitated by changing values […]
‘A Cornish compensation claim’
“Here is another snippet on that vexed question: how did medieval law regard the foetus (something I have blogged about a bit. Much of the attention in this regard – including mine – has been on the law of homicide. That’s understandable, since we tend to think of the big question being ‘was it regarded […]
Rachael Walsh, ‘Deliberative Property – Managing Complexity in Property Systems’
ABSTRACT The chapter demonstrates how ‘deliberative property’ offers a pathway for mediating between the complexity-management concerns of two competing schools of thought in property theory, loosely termed ‘progressive’ and ‘information’ perspectives. Deliberative property does so by facilitating information-intensive contextualisation of property disputes and direct stakeholder engagement, while at the same time containing the broader systemic […]
Luigi Moccia, ‘Basic Ways of Defining Property’
ABSTRACT Anyone who engages in a discourse about ‘property’ legally understood is faced at the outset with the need to clarify the variety of uses (or abuses) and meanings of the word. The essay is not about ‘definitions of property’ in the sense that it does not try to search for clear-cut definitions of the […]
Carol Rose, ‘Property Law’
ABSTRACT Both detractors and proponents often describe property in individualistic terms, ignoring property’s character as a social institution that depends critically on participants’ respect of others’ claims. Informal property regimes are pervasive among small or specialized social groups, but neither informal property nor property law emerges unless resources become scarce. However, property law differs in […]
Joshua Kelsall, ‘Towards a Non-Reliance Commitment Account of Trust’
INTRODUCTION Trust is commonly taken by philosophers to be a metaphysically-hybrid notion involving an attitude and an action (Faulkner 2015; Hawley 2012). The action component of trust is typically defined as a special form of reliance in which the trustor has: (1) heightened expectations of their trustee; and (2) a disposition to justifiably feel betrayed […]
‘The Surprising Predictability Of Patent Eligibility’
Nikola Datzov and Jason Rantanen, ‘Predictable Unpredictability’, Iowa Law Review (forthcoming 2024), available at SSRN (26 February 2024. It is hard to think of a patent doctrine – or indeed any doctrine in IP law as a whole – that has received more critical attention over the past decade than patentable subject matter. In a […]
‘How Much Is The Lost Chance To Reproduce Worth?’
Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Since Dobbs was decided, abortion rights advocates have been nervously looking around the legal landscape wondering what doctrinal domino is likely to fall next. At this very charged moment, Professors Dov Fox and Jill Wieber Lens bravely chose to write […]
‘Who is bound by Choice of Court Agreements in Bills of Lading?’
According to the doctrine of privity of contract, only parties to a choice of court agreement are subject to the rights and obligations arising from it. However, there are exceptions to the privity doctrine where a third party may be bound by or derive benefit from a choice of court agreement, even if it did […]