Monthly Archives: December, 2012

Bob Tarantino, ‘Chasing Reputation: The Argument for Differential Treatment of “Public Figures” in Canadian Defamation Law’

Abstract: When comparing the seminal Supreme Court of Canada defamation decisions of the 1990s and 2000s, it is apparent that the Court’s view on the importance of protecting reputation has changed. Recent decisions hail the importance of using freedom of expression as a countervailing interest against the oft-criticized strictures of the common law of defamation. […]

Marc Moore, ‘Is Corporate Law “Private” (and Why Does it Matter)?’

Abstract: This paper examines and challenges the dominant academic portrayal of Anglo-American corporate law as an aspect of ‘private’ or facilitative law, and argues for a re-characterisation of the subject that reflects the centrality of public regulation to its core dynamics. In this regard, the paper represents part of a larger project aimed at highlighting […]

Brian Sloan, ‘Informal Carers and Private Law – Introduction’

Abstract: This paper forms the introductory chapter of Informal Carers and Private Law (Hart, 2012), setting out the scope of the book and justifying its focus on private law. Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing […]

Claudio Michelon, ‘The Public, the Private and the Law’

Abstract: This paper aims at challenging the perceived continuity between the underlying normativity of, on the one hand, the public and the private domains of social action and, on the other, the normativity of public and private law. As the argument goes, the underlying normative assumptions of the utilization of law (in general) by the […]

Lawrence Solan, ‘Transparent and Opaque Consent in Contract Formation’

Abstract: If I say that I “consent to your terms,” I can mean that I consent to terms a-n, which you have proposed. But I also can mean that I consent to your terms, whatever they are, even if I don’t know what they are. Philosophers of language sometimes call the first reading “transparent” and […]

Annual Conference on European Tort Law

“The Conference will provide practitioners and academics alike with the opportunity to learn about the most significant tort law developments in Europe in 2012. Experts from across the continent will present highlights from their contributions to the Yearbook, European Tort Law 2012, which will be published after the Conference. An overview of developments in EU […]

Medical Malpractice Litigation – Special number of the Drexel Law Review

Foreword The reform of medical malpractice litigation has been a constant refrain in legislative and academic circles for forty-five years, starting with the 1970 “crisis” in medical liability insurance. In fact, as Rob Field has noted, calls for reform go back to the 1800s. Once lawyers began to sue on behalf of injured patients, doctors […]

Claudia Williamson, ‘Contracting Institutions’

Abstract: Property rights institutions, including contract enforcement, are recognized as a fundamental determinant to economic performance. However, understanding how to secure property remains elusive. This paper attempts to provide a theoretical framework and empirical analysis to unpack the black box of property rights. The framework entails distinguishing between private and public protection and subsequent enforcement […]

Suri Ratnapala, ‘From Sensory Order to Legal Order: Property and Freedom of Contract in the Jurisprudence of David Hume’

Abstract: David Hume’s theory of law and justice is a central element of his moral philosophy. Hume’s theory of the mind leads to a theory of undesigned social order based on fundamental laws of justice that arise insensibly through experience. The need to secure private property and its free exchange by the performance of promises […]

Jeanne Fromer, ‘Expressive Incentives in Intellectual Property’

Abstract: American copyright and patent laws are founded on utilitarian notions of providing limited incentives to create socially valuable works. This Article shows that incentives that express solicitude for and protect a creator’s strong personhood and labor interests can serve to support this underlying utilitarian purpose. In so doing, this Article shows that important incentives […]