Monthly Archives: February, 2013

Michael Wells, ‘From Compensation to Vindication in Constitutional Tort Law’

Abstract: This article examines some basic normative issues in constitutional tort law: What is the point of litigation seeking damages for violation of one’s constitutional rights? Is the primary aim to deter violations by imposing liability on violators? Is it to compensate persons for harm done by constitutional violations? Or is it to vindicate rights […]

John Goldberg, ‘Against the Law?’ – commentary on ‘Does Tort Law Deter?’

“Why have tort law? After all, other laws and institutions cover a lot of the same ground. If we want to punish bad actors, there is criminal law. If we want to ensure safety, there is regulatory law. If we want to aid injury victims, there is public and private insurance. What’s left for tort? […]

Doug Rendleman, ‘Rejecting Property Rules-Liability Rules for Boomer‘s Nuisance Remedy: The Last Tour You Need of Calabresi and Melamed’s Cathedral’

Abstract: This draft article analyzes and criticizes the New York court’s tort remedies in its nuisance decision, Boomer v. Atlantic Cement, and Calabresi and Melamed’s famous law-and-economics article, One View of the Cathedral. From the Remedies branch of Legal Realism, this draft finds both wanting because both subordinate the winning plaintiffs’ injunction remedy to money […]

Petherbridge and Schwartz, ‘The End of an Epithet? An Exploration of the Use of Legal Scholarship in Intellectual Property Decisions’

Abstract: The argument that the Federal Circuit is an insular court lacking in intellectual curiosity has invaded academic discourse about the court and its jurisprudence. It is rarely used as a compliment. It is rather used as an epithetic description intended to have broad explanatory power for nearly any of the many and glaring limitations […]

Dari-Mattiacci and Parisi, ‘Liability Rules: An Economic Taxonomy’

Abstract: The analysis of tort law is one of the most well-developed applications of economic methodology in the study of law. In this essay, we provide an overview of the economic approach to tort law, analyzing the effects of liability rules on care incentives. We catalogue a variety of possible tort regimes, systematically breaking down […]

Ejan Mackaay, Law and Economics for Civil Law Systems – Introduction

Abstract: This is the Introduction to a book that explains how law and economics works with civil law concepts. Lawyers and students in Quebec, in Scotland, in continental Europe, in Latin America, in China or living elsewhere under civil law systems who can cope with English do not have to face the additional burden of […]

Luppi and Parisi, ‘Optimal Liability for Optimistic Tortfeasors’

Abstract: As Alicke and Govorun (2005, p. 85) observed, “most people are average, but few people believe it.” Optimism and other forms of inflated perception of the self lead parties to exercise suboptimal precautions when undertaking risky activities and often undermine the incentive effects of tort rules. In this paper, we analyze two forms of […]

Conference: European Contract Law and Property Rights, Santiago de Compostela, 7 and 8 June 2013

Society of European Contract Law (SECOLA) – EUROPEAN CONTRACT LAW AND PROPERTY RIGHTS – In collaboration with Universidad de Santiago de Compostela – GI-Derecho Privado Europeo – 7 and 8 June 2013. Friday, 07 June 2013 9.00 Welcome and Introduction Prof. Javier Lete / Prof. Stefan Grundmann / Prof. Fernando Goméz 9.30–11.15 I. Setting the […]

Simone Glanert, ‘Europe, Aporetically: A Common Law without a Common Discourse’

Abstract: In response to the European Union’s avowed ambition to elaborate a uniform European private law, some critics have maintained that uniformization is illusory on account of the disparities between the governing legal languages within the different Member States. This objection has, in its turn, given rise to an argument according to which uniformization could […]

Stefan Vogenauer, ‘Regulatory Competition through Choice of Contract Law and Choice of Forum in Europe: Theory and Evidence’

Abstract: This article challenges the claim that there is regulatory competition in the areas of contract law and civil litigation. It is frequently assumed that lawmakers reform their contract laws and dispute resolution mechanisms with the purpose of attracting ‘users’, i.e., parties to cross-border contracts who choose the contract law or the courts of a […]