Monthly Archives: October, 2024
Gustavo Berrizbeitia, ‘The Political Economy of Arbitration Law’
ABSTRACT This Note responds to the dominant critique of today’s arbitration doctrine – the access-to-justice critique – and articulates a novel intervention from the perspective of political economy. By developing a new periodization of the Supreme Court’s arbitration jurisprudence, the Note categorizes and recounts the normative positions on arbitration law that predominate in the literature. […]
Wildner and Dolmans, ‘Sustainable Fiduciary Duties – the Time Has Come for Financial Fiduciaries to Adapt to the New Climate Reality’
ABSTRACT There is increasing debate about the role of fiduciaries in the context of the climate and nature loss crises. Some suggest that asset managers and fiduciaries should focus solely on maximizing financial returns. Others take the view that they should actively pursue climate mitigation and sustainability in their investment policy. But are these views […]
Jennifer Nadler, ‘Unjust Enrichment in Law and Equity’
ABSTRACT In Moses v Macferlan, Lord Mansfield used money had and received, a common law money count, to provide relief in a case where an action’s outcome failed to align with the actor’s intention. In the First Restatement of Restitution, Warren Seavey and Austin Scott gathered together all cases, quasi-contractual and equitable, under the single […]
Robertson and Rhodes, ‘Causation’s Due Process Dimensions’
ABSTRACT For decades, courts have grappled with the tension between compensating victims of mass harms and maintaining fairness to defendants when causation is difficult to prove. This Article argues that the Supreme Court’s due process jurisprudence provides a relevant framework for navigating this tension. We contend that the Court over the last three decades has […]
Eric Chaffee, ‘(Un)Conscious Capitalism’
ABSTRACT As society continues to demand greater corporate accountability, stakeholderism has taken root with the idea that businesses must serve a much broader range of constituencies than just shareholders. This essay explores the complexities of integrating environmental, social, and governance (ESG) concerns into for-profit corporations and posits that corporate managers are inherently ill-equipped to pursue […]
Marc Goëtzmann, ‘The Liberal Case for Community Land Trusts’
ABSTRACT This paper argues that community land trusts (CLTs) can be part of a liberal housing policy from both an economic and a legal point of view. In this, I depart from the defense of community land trusts based on the so-called ‘decommodification’ of housing. First, from an economic point of view, CLTs are a […]
Lifshitz and Rivlin, ‘Marital Contracts on the Fault Lines: A Liberal Inquiry’
ABSTRACT The revolution in Western family law over the past 50 years – often described as ‘liberalization’ – involves a decrease in the importance of fault-based factors alongside an increase in the significance of marital contracts. While these two trends generally complement each other, they may conflict when a couple seeks to assign economic consequences […]
Sally Zhu, ‘Mutualism: a model for managing risk in P2P sharing’
ABSTRACT This article explores how the risk structure currently adopted by the sharing economy, in particular the highly formalised and contrived systems of contract constructed by platforms, is largely constituted by the rules of property law. This effectively ties sharing activities to the old model of private property and its accompanying boundaries of privatised risk […]
António Barroso Rodrigues, ‘The Judge as Legislator? Three Land-Mark Cases in Civil Liability Concurrence’
ABSTRACT This paper explores the critical yet often understated role of judges in shaping the law, examining the fine line between interpreting statutes and respecting legislative authority. It delves into the Romano-Germanic legal tradition, where statutory law is paramount, yet judicial discretion provides an indispensable means of addressing real-world issues that no statute could fully […]
Lorraine Talbot, ‘When less is less: the complexities of growth and the degrowth company’
ABSTRACT In this article, I take issue with settled claims that the organizational features of the corporation make it the most effective enabler of growth under capitalism – an assumption that has focused various growth-critical narratives on mechanisms to regulate corporate growth. I argue that such narratives are flawed because, far from always blindly amplifying […]