Monthly Archives: March, 2012

Steve Clowney, ‘The Property Canon’

“In 2006, Prawfsblawg put together a ‘canons project’, which attempted to compile a list of the most classic works in each legal discipline (here’s the link to the post on canonical property works). PropertyProf’s own Ben Barros suggested the following list: …” (more) [Steve Clowney, PropertyProf Blog, 30 March]

Nadia Sawicki, ‘Patient Protection and Decision Aid Quality: Regulatory and Tort Law Approaches’

Abstract: One of the most enduring debates at the intersection of administrative and tort law focuses on the challenge of identifying the most effective means of ensuring consumer safety. In some circumstances, standard-setting administrative regulations may be sufficient to protect consumers from harm while at the same supporting the growth of valuable industries. In other […]

Ruth Sefton-Green, ‘How far can we go when using the English language for private law in the EU?’

Abstract: This paper investigates how far we can go when using the English language, were it to be the working/drafting language for European private law in the EU. Conscious of the fact that a drafting language is only the tip of the iceberg of interpretation difficulties faced by the law upon implementation and during adjudication, […]

Robert Suggs, ‘A Copyright Law for a Social Species’

Abstract: Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special […]

Sheila Scheuerman, ‘Against Liability for Private Risk-Exposure’

Abstract: Can a plaintiff who has not yet suffered an injury sue based on the risk of future harm? After decades of addressing whether these “no injury” or “unmanifested defect” suits are cognizable, courts today are intractably divided. This conflict has created incentives for forum-shopping as plaintiffs search for a jurisdiction friendly to “no injury” […]

Ursula Pachl, ‘The Common European Sales Law – Have the Right Choices Been Made? A Consumer Policy Perspective’

Abstract: From a broader policy point of view, introducing an optional regulatory tool with the aim of replacing national consumer law (itself based on EU legislation), even if only for cross‐border contracts at first puts the entire raison d’être of the consumer law acquis into question. The harmonisation of EU consumer law has been one […]

Bruce Ziff, ‘Yet Another Function for the Numerus Clausus Principle of Property Rights, and a Useful One at That’

Abstract: In recent years increased attention has been paid to the numerus clausus principle – the recognition of a limited, though not fully closed, set of property entitlements. An impressive number of rationales (eight by my tally) for that principle have already been offered. In this paper I claim that these arguments are incomplete. I […]

Smith and Saunig, ‘Re-Conceptualizing the Law of Nuisance Through a Theory of Economic Captivity’

Abstract: Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative […]

Christine Schwöbel, ‘Whither the Private in Global Governance?’

Abstract: In international legal scholarship, global governance ideas are being framed exclusively with recourse to public law – at the expense of private law. In this paper I question what the obscuring of private law conceptions and methodologies implies and whether international lawyers should pay more attention to such private law. Significantly, the burial or […]

Christian Turner, ‘State Action Problems’

Abstract: The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, like the Supreme Court did in Shelley v. Kraemer, are either vastly overinclusive or fail to explain our law and values. A better approach is to understand […]