Monthly Archives: July, 2024
Johannes Ungerer, ‘Extending the Brussels Ia Regulation to Third State Defendants – Cui Bono?’
ABSTRACT When the Brussels Ia Regulation was enacted in 2012 as a recast of the Brussels I Regulation, there was no consensus over following the European Commission’s proposal to unify the rules on international jurisdiction applicable to defendants not domiciled in a Member State. It was however agreed to revisit the issue a decade later. […]
Johannes Ungerer, ‘German Law’s Dilemma with Punitive Damages’
ABSTRACT German law faces a dilemma when it comes to punitive damages, which potentially exposes it to the criticism of hypocrisy. On the one hand, doctrinally, the German law of damages is intended to be strictly compensatory and free from punitive damages. In order to protect its domestic system, the German Federal Court of Justice […]
Nick Bourke, ‘Stopping Scams Against Consumers: Roadmap for a National Strategy’
ABSTRACT A discussion paper about how industries could work together and with government to prevent fraud and other harms against consumers and businesses. It is increasingly easy for criminals to scam consumers and businesses. Scammers exploit communications and financial systems using fake texts or social media profiles to fraudulently obtain payments from victims’ bank accounts. […]
de Rassenfosse, Jaffe and Waldfogel, ‘Intellectual Property and Creative Machines’
ABSTRACT The arrival of creative machines – software capable of producing human-like creative content – has triggered a series of legal challenges about intellectual property. The outcome of these legal challenges will shape the future of the creative industry in ways that could enhance or jeopardize welfare. Policymakers are already tasked with creating regulations for […]
Cathay Smith, ‘Rewriting History: Copyright, Free Speech, and Reimagining Classic Works’
ABSTRACT On February 17, 2023, news broke that Puffin Books, a subsidiary of Penguin Random House and publisher of Roald Dahl’s books, had edited at least ten of Dahl’s classic children’s books to ‘make them less offensive and more inclusive’. These edits included changing words related to characters’ appearances, race, gender, weight, and mental health, […]
Jeff Sovern, ‘Who Teaches Consumer Law?’
ABSTRACT This paper reports on a survey of 31 law professors teaching consumer protection law conducted in connection with the Center for Consumer Law & Economic Justice at the UC Berkeley School of Law and the Center for Consumer Law at the University of Houston Law Center’s 2024 Teaching Consumer Law Conference. Surveys posed at […]
Grosch and Fischer, ‘Contract Breach with Overconfident Expectations: Experimental Evidence on Reference-Dependent Preferences’
ABSTRACT This study examines the effect of agents’ overconfident expectations in their production on their contract breach. Drawing on a reference-dependent framework, we theoretically deduce propositions for compliance to agreements where an agent exhibits overconfidence and loss aversion. We conduct lab experiments with a multiple-stage design and find that overconfident agents are more likely to […]
Richard Hasen, ‘Reckoning with the Undead Irreparable Injury Rule’
ABSTRACT This article is written for a festschrift honoring the scholarship of Professor Douglas Laycock. In his most important work in the field of Remedies, ‘The Death of the Irreparable Injury Rule’, Laycock made and supported a strong positive claim about the ‘irreparable injury’ rule. He argued that the rule purportedly governing a court’s choice […]
Roberto Tallarita, ‘Dual Class Contracting’
ABSTRACT Dual-class companies are often touted as an example of contractual customization of corporate governance, based on the view that they deviate from the default rule of ‘one share, one vote’ to fit the specific characteristics of individual companies. But voting inequality is a spectrum, not a binary choice, and we know little about how […]
Martin Dixon, ‘HM Land Registry: How Did it Come to This?’
ABSTRACT A discussion of HM Land Registry (England & Wales) processing times for applications. Reasons and problems caused by the delay. Consideration of the impact of processing times on the substantive law of land registration and how this impacts on the fundamental purpose of land registration. Dixon, Martin John, HM Land Registry: How Did it […]