Monthly Archives: November, 2012

Zeiler and Hardcastle, ‘Do Damages Caps Reduce Medical Malpractice Insurance Premiums?’

Abstract: Despite common claims made in policy debates, the theoretical connection between tort reform and medical malpractice insurance premiums is ambiguous. Simple models suggest reforms such as statutory damages caps reduce premiums. More elaborate models that account for changes in physician behavior suggest caps might increase or have no impact on premiums. A number of […]

8th Annual International Conference on Contracts – Fort Worth, February 2013 – Call for Papers

“Submissions are cordially invited for the 8th Annual International Conference on Contracts, the largest annual scholarly and educational conference devoted to contracts and related areas of commercial law. Papers and works-in-progress are welcome from those who study contracts from any perspective, whether doctrinal, pedagogical, theoretical, empirical, historical, economic, critical, comparative, or interdisciplinary. Works that take […]

Green and Moréteau, ‘Restating Tort Law: The American and European Styles’

Abstract: This paper compares restating tort law in the United States with a recent similar effort in Europe. The authors are affiliated with both the American Law Institute, which prepares US Restatements, and the European Group on Tort Law, which has prepared a similar product entitled Principles of European Tort Law. They compare the different […]

Bernd Hartmann, ‘Perspectives on the Economic Analysis of Public Liability Law’

Abstract: Private liability law has been thoroughly studied in economic terms. By contrast, public liability law has not been given enough recognition from this angle, even though the economic perspective seems relevant here too. This paper accordingly investigates to what extent economic analyses of public liability law are able to draw on those of private […]

Laposata, Barnes and Glantz, ‘Tobacco Industry Influence on the American Law Institute’s Restatements of Torts and Implications for Its Conflict of Interest Policies’

Abstract: The American Law Institute (“ALI”) is a prestigious and influential organization that creates treatises on the current state of the law, including “Restatements” of case law that guide judicial decisions and legislation. This paper uses previously secret tobacco industry documents made available as the result of state and federal litigation against the industry to […]

Antoniolli and Fiorentini, ‘Legal Integration of Private Law in Europe and in the United States of America – Comparative Remarks’

Abstract: The increasing convergence of law, particularly private and commercial law in the Western legal systems is among the most debated issues in comparative law studies. This paper analyzes legal integration of private (and commercial) law in the U.S. and in the EU legal systems, and aims at comparing – in a nutshell – actors, […]

Kai Purnhagen, ‘Principles of European Private or Civil Law?’

Abstract: The aim of this piece is to draw the attention of the debate on principles in European private law to an institutional question. As the question of who detects these principles is crucial to understand the values and intentions behind the provisions on principles, I turn to the significance of the authority question of […]

Micklitz and Svetiev, ‘A Self-Sufficient European Private Law – A Viable Concept?’

Abstract: This working paper collects the contributions to the first external workshop within the ERPL project that took place on 4 and 5 May 2012 at the EUI. The workshop aimed to clarify the key parameters to be used for analysing the claimed transformation process of European Private Law from ‘Autonomy to Functionalism in Competition […]

Leone Niglia, ‘The Question Concerning the Common Frame of Reference’

Abstract: The many directives on private consumer law enacted in the last three decades have met with considerable neglect and resistance amongst domestic judges, legislatures and scholars, bringing about less legal unity and more ‘legal fragmentation’—to say it in the words of the Commission. The Draft Common Frame of Reference is one more attempt, on […]

Carruthers, Skead, and Galloway, ‘Teaching Property Law in Australia in the Twenty-First Century: What we do Now, What Should we do in the Future?’

Abstract: The teaching of property law has a particularly important — perhaps even central — role in forming the mind-set not just of the law student, but also of the lawyer, and, in some degree, of the thoughtful and responsible citizen. The teaching of property law implants tremendously structural features in the mind of the […]