Monthly Archives: December, 2012

Robyn Carroll, ‘Agreements to Specifically Perform Contractual Obligations’

Abstract: Can party agreements for specific performance or injunction or agreements that damages will not be an adequate remedy for breach of contract serve any purpose other than delusion or wishful thinking? Even when they are included as a term of a contract, remedial preference in the face of breach and commercial pragmatism coupled with […]

Sheila Scheuerman, ‘A Preference for Strict Liability?’

“Joseph Sanders, et al., Torts as (Only) Wrongs? An Empirical Perspective (Brooklyn Law School, Legal Studies Paper No 302, 2012) available at SSRN. A long-enduring question in tort scholarship concerns the purpose of tort law. One camp, anchored by the powerful scholarship of John Goldberg and Ben Zipursky, argues that tort is a law of […]

Samantha Barbas, ‘The Laws of Image’

Abstract: We live in an image society. Since the turn of the 20th century if not earlier, Americans have been awash in a sea of images throughout the visual landscape. We have become highly image-conscious, attuned to first impressions and surface appearances, and deeply concerned with our own personal images – our looks, reputations, and […]