Author Archives: Steve Hedley

Pollack and Strahilevitz, ‘Property Law for the Ages’

ABSTRACT Within the next 40 years, the number of Americans over age 65 is projected to nearly double. This seismic demographic shift will necessitate a reckoning in a number of areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has […]

Jonas-Sébastien Beaudry, ‘Disability and Contractual Expectations’

ABSTRACT This is a précis of the forthcoming book, The Disabled Contract: Severe Intellectual Disability, Justice and Morality. It examines how people with severe intellectual disabilities (PSID) fare within the social contract tradition. More specifically, it contends that even recent strategies that attempted to integrate disability within the realm of contractual justice and morality are […]

Private Law Jobs at University of Southampton

Lecturer in Law – two permanent posts (Contract Law, Criminal Law, Equity & Trusts, Land Law, Public Law and Tort Law) – reference 1358921JJ (by 28 April) Associate Professor in Law (Commercial Law and Corporate Law) – reference 1359021JJ (by 2 May) Professor of Law (Land Law, Equity & Trusts) – reference 1359121JJ (by 2 […]

Zhong Xing Tan, ‘The prospects for pluralism in contract theory’

ABSTRACT This paper explores the promise of pluralism in the realm of contract law. I begin by identifying and rejecting conceptual strategies adopted by monistic and dualistic approaches. Turning towards pluralism, I evaluate three versions in contemporary literature: pluralism across contracting spheres and types, pluralism through consensus and convergence, and pluralism through localised values-balancing and […]

‘ILA “Kyoto Guidelines on Intellectual Property and Private International Law” published with comments’

“The International Law Association’s Committee on ‘Intellectual Property and Private International Law’ has finished its work with the adoption and publication of the ‘Kyoto Guidelines on Intellectual Property and Private International Law’. The Guidelines are the outcome of an international cooperation of a group of 36 scholars from 19 jurisdictions lasting for ten years under […]

‘Not by Contract Alone: The Contractarian Theory of the Corporation and the Paradox of Implied Terms’

“The contractarian theory of the corporation holds that a business corporation is a creature of contract and, more specifically, a nexus of incomplete contracts between directors, shareholders, employees, suppliers, customers and other parties (see here). This draws attention to the express or implied consent of all the participants and suggests that the role of corporate […]

‘Scheduling the Juris Diversitas General Conference’

“The General Meeting of Juris Diversitas, originally scheduled for June 2020 in Catania (Sicily, Italy) will be organized online, on Zoom, June 9-11, 2021. The theme is The Dark Side of the Law (La face cachee du droit). It will feature over 70 presentations, 7 panels, and 3 keynotes, with over 100 presenters …” (more) […]

Nili and Kastiel, ‘The Corporate Governance Gap’

ABSTRACT A reliable system of corporate governance is considered an important requirement for the long-term success of public companies and for the good of society at large. After decades of research and policy advocacy, there is a growing sense that corporations are finally nearing the promised land: boards of public corporations seem more diverse, large […]

Ferstman and Arajärvi, ‘Why Civil Claims Are A Necessary Part Of The Arsenal To Address Military Excesses: Assessing the UK Overseas Operations (Service Personnel and Veterans) Bill’

ABSTRACT … We argue that: i) Considering the checks and balances within the UK legal system and how it operates as a whole, impeding access to civil and human rights claims ignores the vital role such claims play in ensuring that criminal investigations and prosecutions and related accountability processes are not shut down prematurely. A […]

Felipe Jiménez, ‘Justifying Private Law’

ABSTRACT As recent work suggests, a central concern in contemporary private law theory is the justification of private law. Private law, as all exercises of state coercion do, ‘calls for a justification’. Part of what private law theory ought to do, from this perspective, is to provide reasons in favor of private law and the […]