Monthly Archives: July, 2012

Keith Hylton, ‘The Law and Economics of Products Liability’

Abstract: This paper presents a largely positive analysis of products liability law, in the sense that it aims to predict the incentive effects and the welfare consequences of the law, with close regard to its specific legal tests and the real-world constraints that impinge on these tests. The other major part of this paper is […]

Michael Kenneally, ‘Commandeering Copyright’

Abstract: This Article examines the increasingly common phenomenon of copyright commandeering, which is the use of standardized contracts and other legal devices to reassign, on a massive scale, the entitlements initially assigned by copyright law. Though many commentators have discussed examples of this phenomenon, it is more widespread than existing commentary suggests. Users of copyrighted […]

Cardi, Penfield and Yoon, ‘Does Tort Law Deter Individuals? A Behavioral Science Study’

Abstract: For nearly four decades, economic analysis has dominated academic discussion of tort law. Courts also have paid increasing attention to the potential deterrent effects of their tort decisions. But at the center of each economic model and projection of cost and benefit lies a widely accepted but grossly undertested assumption that tort liability in […]

Tess Wilkinson‐Ryan, ‘Transferring Trust: Reciprocity Norms and Assignment of Contract’

Abstract: This article presents four experiments testing the prediction that assignment of contract rights erodes the moral obligation to perform. The first three studies used an experimental laboratory game designed to model contractual exchange. Players in the games were less selfish with a previously generous partner than with a third‐party player who had purchased the […]

Michael Frakes, ‘Defensive Medicine and Obstetric Practices’

Abstract: Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of noneconomic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides […]

Jared Mackey, ‘Privacy and the Canadian Media: Developing the New Tort of “Intrusion Upon Seclusion” with Charter Values’

Abstract: With the recent recognition of the new tort of “intrusion upon seclusion”, Canadian privacy law has experienced a fundamental and modernizing shift. In Jones v Tsige, the Ontario Court of Appeal held that a person is liable for an invasion of privacy, if “he or she intrudes, physically or otherwise, upon the seclusion of […]

Amy Conroy, ‘Protecting Your Personality Rights in Canada: A Matter of Property or Privacy?’

Abstract: This paper explores the protection of personality rights in Canada in two ways: first, by attempting to clarify the Canadian law on personality rights. The extent to which personality rights are protected across Canada is unclear, and the legal situation varies across the various Canadian jurisdictions. The second part of this paper focuses on […]

Andreas Engert, ‘Networks and Lemons in the Market for Contract Law’

Abstract: This comment to a contribution by Giesela Rühl attempts to shed more light on two critical aspects of the market for contract law. For one thing, many practitioners and academics believe that parties often choose the applicable law without regard to its legal content. Correspondingly, it is questioned whether states really adjust their contract […]

Theo Capriles, ‘Shortcomings of the EU passing on defence’

Abstract: This article evaluates the EU stance on the unjust enrichment passing on defence. EU law requires the restitution of illegally collected tax. However, it permits Member States to deny restitution by arguing that the taxpayer passed on the tax to the end consumer and restitution would unjustly enrich him. This defence rests on frail […]

Emily Sherwin, ‘Why In Re Omegas Group Was Right: An Essay on the Legal Status of Equitable Remedies’

Abstract: This article is part of a symposium on the new Restatement (Third) or Restitution and Unjust Enrichment. I take up the problem of constructive trusts in bankruptcy. The Restatement takes the position that constructive trust claimants have automatic priority in insolvency situations over ordinary creditors. I argue that this unduly reifies a remedial construct […]