Monthly Archives: September, 2011

Engler and Heyman, ‘The Missing Elements of Contract Damages’

Abstract: In this article, we juxtapose two classic contract doctrines to expose a subtle, but dramatic, anomaly of damage law. The Jack Dempsey case heads one leading line of contract law. After Dempsey breached a contract to pursue another championship boxing match, the spurned promoter sued for his costs. The court limited the promoter’s recovery […]

Elizabeth Adjin-Tettey, ‘Replicating and Perpetuating Inequalities in Personal Injury Claims Through Female-Specific Contingencies’

Abstract: The author challenges the application of the principle of restitutio in integrum in awarding tort damages to individuals from historically marginalized groups, as it often results in undercompensation and unfairness between claimants who sustain similar injuries in similar circumstances. The current system works to the detriment of claimants from disadvantaged groups as they are […]

Robert Stevens, ‘When and Why Does Unjustified Enrichment Justify the Recognition of Proprietary Rights?’

Abstract: In order to understand why unjustified enrichment creates property rights it is necessary to understand what we mean by property rights in general, and trusts in particular. Confusion has been created by failing to distinguish between the different kinds of property rights there are. Stevens, Robert, When and Why Does Unjustified Enrichment Justify the […]

Anat Rosenberg, ‘Classical Contract Law, Past and Present’

Abstract: This paper synthesizes and refocuses a wide range of histories of nineteenth-century contract law. It shows how despite significant controversies among historians, a widely shared consensus has it that nineteenth-century contract law embodied an elaborate version of individualism; that the alternatives to its individualism were status and collectivism – but they functioned as external […]

Louis Wolcher, ‘Intent to Charge for Unsolicited Benefits Conferred in an Emergency: A Case Study in the Meaning of ‘Unjust’ in the Restatement (Third) of Restitution & Unjust Enrichment’

Abstract: This Article is a legal and jurisprudential case study that attempts to shed light on the use of the word “unjust” in the law of restitution as it has been reinterpreted by the new Restatement (Third) of Restitution & Unjust Enrichment. The particular case studied is the legal meaning of the term “intent to […]

Richard Wright, ‘Private Nuisance Law: A Window on Substantive Justice’

Abstract: More than any other tort action, the private nuisance action reveals the proper nature and full scope of tort law as an implementation of the classical principles of justice and their underlying moral norm of equal freedom. The private wrong addressed by the private nuisance action is one of the few wrongs that it […]

Richard Wright, ‘The Nightmare and the Noble Dream: Hart and Honoré on Causation and Responsibility’

Abstract: In Causation in the Law (1959), Hebert Hart and Tony Honoré attempted to set forth a set of allegedly causal principles, supposedly deeply embedded in ordinary thought, for identifying causes and attributing legal responsibility. This attempt is quite puzzling given the remarkable contradiction between its premises and the strict positivist theory of law that […]

Carys Craig, ‘Introduction – Copyright, Communication & Culture: Towards a Relational Theory of Copyright Law’

Abstract: In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores […]

Larry DiMatteo, ‘An “All of the above” theory of legal development’

Abstract: … This paper will review a number of theories of legal development with a focus upon Henry Sumner Maine’s progression thesis and Nathan Isaacs’ cycle theory. Contract law will provide the area to be tested by the different theories of legal development. Other theories to be discussed include: evolutionary efficiency, evolutionary biology, and Kuhnian […]

Madeleine Tolani, ‘US Punitive Damages before German courts: A Comparative analysis with respect to the Ordre Public’

“This paper deals with the problem of the recognition and execution of American punitive judgments before German courts. Punitive damages belong to one of the most controversial areas of tort law and are interesting for foreign lawyers because they are a special feature in the American law and are not employed in civil law systems. […]