Category Archives: General

Samuel Estreicher, ‘In Defense of Theory: Notes on the Production of Legal Scholarship’

ABSTRACT This paper, unpublished for many years, offers an unabashed, unabated, full- throated defense of legal theory and abstract, factually deracinated legal scholarship. Several calumnies raised against such academic work – all beginning with the letter ‘a’ – are addressed and refuted. These are: (1) armchair-ism, (2) abstraction-ism, (3) ampersand-ism, (4) assertion-ism, (5)) affinity group […]

Jason Rantanen, ‘The Future of Empirical Legal Studies: Observations on Holte and Sichelman’s Cycles of Obviousness’

ABSTRACT Over the last five years, the Iowa Law Review has published dozens of empirical legal studies. These studies have been a valuable contribution to the literature, adding data to help assess the validity of legal theories and hypotheses. Intellectual property law, in particular, has been an especially active growth area for empirical legal studies, […]

Just Published: Robert Herian, Capitalism and the Equity Fetish: Desire, Property, Justice

This book is a provocative, interdisciplinary, and critical appraisal of civil justice, property, and the laws that shape and command them within capitalism. Dr Herian’s book is both a complementary and countervailing narrative to many mainstream legal accounts, one that critiques core and influential areas of legal knowledge and practice. Central to the book’s thesis […]

Kuznietsova, Kot and Khomenko, ‘Civil Liability Institution in Ukraine through the Lens of Reform and European Integration Processes’

ABSTRACT Modern aspirations of Ukraine for European integration, the impact of globalization, and innovative technologies are the driving force on the path of reforming the national legal system. In this regard, issues concerning the modernization of the civil liability have recently become of significant importance. This article is aimed at analysing modernization of Ukrainian civil […]

‘Theodor Sternberg and the Closet of Conceptualism’

“Sometime in the mid-1930s, German jurist Theodor Sternberg (1878-1950) concluded that law and love were incompatible. In one of his ‘erotosophical’ fragments, he claimed that affective bonds thrived under anarchy. Love, for Sternberg had to be free from egoism and compulsion, eschew both duty and obligation. ‘Coitus’, especially, was divine in origin – God’s love […]

‘Online Harms: Moving towards a system based on responsibility, not liability’

“The regulation of ‘online harms’ in Europe has just taken a big leap. On the same day just before Christmas, the European Commission unveiled the first draft of its proposal to update the responsibilities and liabilities of digital service providers in its ‘Digital Services Act’ (DSA), and the UK announced an update on its Online […]

Roy Shapira, ‘Comprehensibility and Accountability’

ABSTRACT In Incomprehensible!, Wendy Wagner highlights a blind spot in the design of many legal programmes: they demand that market players share as much information as possible, but neglect to demand that the information be conveyed comprehensibly. Wagner shows how the neglect of comprehensibility undermines the law’s effectiveness, and provides a menu of concrete proposals […]

Eric Goldman, ‘Dear President Biden: You Should Save, Not Revoke, Section 230’

ABSTRACT During the 2020 presidential race, Joe Biden said that he is in favor of repealing Section 230, the law that says websites aren’t liable for third-party content. This open letter to President Biden articulates four principles for his consideration of Section 230. As president, Biden should (1) set the right factual baseline, (2) set […]

Simon Gleeson, ‘The Treatment of Cryptotokens at English Law – Back to the Future’

ABSTRACT There is not, and should not be, any such thing as a ‘law of cryptotokens’. A cryptotoken is simply a tool which is used to effect a transaction. The role of the law is to decide: 1. Whether or not to give effect to that transaction; and 2. Whether the transaction has been entered […]

‘Considering the Possibility of a Central Bank Digital Currency in India’

“Earlier this year, the Indian Supreme Court overturned the central bank’s decision to ban cryptocurrency in the country. The Reserve Bank of India (RBI) continues to be averse to accepting crypto-assets and private digital currency. However, there is one idea that seems to be gaining ground in terms of digital money: introducing a central-bank digital […]