Monthly Archives: October, 2012

Preston and McCann, ‘Llewellyn Slept Here: A Short History of Sticky Contracts and Feudalism’

Abstract: This article explores definitions of “adhesion” contracts and discusses their dangers, particularly online, where they are most susceptible to abuse. It begins with foundational contract principles, specifically the transition from feudalism to freedom of contract and the dramatic shift in the meaning of “freedom of contract” over time. This article proceeds through the history […]

Luppi and Parisi, ‘Behavioral Models in Tort Law’

Abstract: In this paper, we illustrate how different behavioral problems can be incorporated into the standard economic model of tort law. Through this exercise, we develop a modeling language that can be utilized by law and economic scholars when considering the effect of behavioral biases and cognitive imperfections in tort law. We use these models […]

Eric Claeys, ‘On Cowbells in Rock Anthems (and Property in IP): A Comment on Justifying Intellectual Property

Abstract: This article contributes to a symposium issue on the Philosophical Foundations of Intellectual Property. In a popular Saturday Night Live skit, a famous record producer helps a rock band record a rock anthem by demanding maniacally that the band put more cowbell on the recording. This article reviews Justifying Intellectual Property (2011), by Robert […]

Luppi, Parisi and Pi, ‘Double-Edged Torts’

Abstract: Traditional economic models of tort law assign determinate roles to parties, modeling their behavior as if parties knew in advance whether fate would cast them in the roles of “tortfeasors” or “victims.” However, for a large class of activities, individuals take precautions ignorant of whether they will be tortfeasors or victims, or indeed whether […]

Amnon Lehavi, ‘Why Philosophers, Social Scientists, and Lawyers Think Differently about Property Rights’

Abstract: Property is a powerful concept. It features prominently in academic and public discourse. But it is also a source of ongoing confusion. While some of this disarray may be attributed to the success of “disintegrative” normative agendas, much of it is the result of a methodological and conceptual disconnect both within and among different […]

Cross-Postings from Concurring Opinions: Online Symposium on Contracts in the Real World

“Last week, the Concurring Opinions blog hosted an online symposium on Larry Cunningham’s new book Contracts in the Real World: Stories of Popular Contracts and Why They Matter. An introduction to the symposium can be found here. With the permission of the authors, we are cross-posting the commentaries here. Here is a listing of the […]

The opinion of the Economic and Monetary Affairs Committee on the Common European Sales Law

“The Committee on Economic and Monetary Affairs of the European Parliament has submitted an opinion on the proposed Common European Sales Law (CESL). In essence it supports the proposal and makes some suggestions for further work and specific changes …” (more) [Eric Clive, European Private Law News, 22 October]

Rösler on the European Judiciary in Private Law

“… Looking into the interaction between national and European courts in private law, Rösler asks whether the current system is effective enough to implement European Union law. He analyses the present situation and various reform options from the standpoint of private law and with the aid of interdisciplinary approaches …” (more) [Giesela Ruehl, Conflict of […]

Maciej Zachariasiewicz, ‘Perspectives for the European Optional Instrument Regarding Common Law of Contracts’

Abstract: On 11th October 2011 Commission presented a draft of the Regulation concerning Common European Sales Law. The present paper makes certain critical remarks as to the approach taken by the Commission. In particular, it is questionable whether the optional instrument that is to such a large extent dominated by “consumer optics” has any potential […]

Joseph Raz, ‘Is There a Reason to Keep Promises?’

Abstract: If promises are binding there must be a reason to do as one promised. The paper is motivated by belief that there is a difficulty in explaining what that reason is. It arises because the reasons that promising creates are content-independent. Similar difficulties arise regarding other content-independent reasons, though their solution need not be […]