Monthly Archives: March, 2013

Eisenberg and Miller, ‘Damages versus Specific Performance: Lessons from Commercial Contracts’

Abstract: Specific performance is a central contractual remedy but, in Anglo-American law, generally is subordinate to damages. The familiar rule is that courts will not award specific performance when damages provide adequate relief. Despite rich theoretical discussions of the relative merits of specific performance and damages as contract remedies, little is known about parties’ treatment […]

Caprice Roberts, ‘Teaching Remedies from Theory to Practice’

Abstract: Remedies is about how different, disparate things fit together. The Remedies course provides an analytical framework to explore the varied goals of substantive doctrinal courses, showing how discreet bodies of law connect. At the same time, Remedies presents its own doctrines and goals, which may run parallel or in contrast to the goals of […]

Gregory Mandel, ‘The Public Psychology of Intellectual Property’

Abstract: Though the success of intellectual property law depends upon its ability to affect human perception and behavior, the public psychology of intellectual property has barely been explored. Over 1700 U.S. adults took part in an experimental study designed to investigate popular conceptions of intellectual property rights. Respondents’ views of what intellectual property rights should […]

Amnon Lehavi, ‘The Corporation as a Nexus of Property’

Abstract: The study of property is thriving. Having been long dominated by a disintegrative approach building on the bundle of rights concept, property scholarship is reintroducing essentialist models, with the right to exclude featuring prominently as property’s core. While the new essentialism school studies various resources, from land to intellectual property, largely missing from its […]

Online Symposium on Oren Bar-Gill’s Seduction By Contract: Professor Bar-Gill Responds

“I wish to open these comments by thanking Jeremy for organizing a great panel and for following up with this on-line symposium. I also wish to thank Angela, Alan and Nancy for their thoughtful comments and suggestions. I cannot, in this space, respond to all the valuable ideas and critiques that these experts presented in […]

Alexander and Ferzan, ‘Confused Culpability, Contrived Causation, and the Collapse of Tort Theory’

Abstract: What justifies tort law? Once we identify a domain that is central to if not co-extensive with “torts”, we will find that it consists of a motley collection of doctrines that are impossible to justify under any recognizable and attractive normative principles. Alexander, Larry and Ferzan, Kimberly Kessler, Confused Culpability, Contrived Causation, and the […]

Online Symposium on Oren Bar-Gill’s Seduction By Contract, Part IIIB: Nancy Kim on ‘Cell Phone Contracts’

“This is the seventh in a series of posts on Oren Bar-Gill’s recent book, Seduction by Contract: Law Economics, and Psychology in Consumer Markets. The contributions on the blog are written versions of presentations that were given last month at the Eighth International Conference on Contracts held in Fort Worth, Texas. Today is the second […]

Eric Clive, ‘Key concepts in uniform and regional private law instruments: an emerging consensus?’

“One of the most interesting developments in the last few decades has been the appearance of an increasing number of international and regional legal instruments on private law topics. Some of these have found their way into hard law, while others are soft law, which has no binding force but which contracting parties, drafters, judges, […]

Francisco Morales, ‘The Property Matrix: An Analytical Tool to Answer the Question, “Is This Property?”’

“When we see an object, a laptop sitting on a library desk, or a parcel of land, we have no difficulty recognizing that someone probably owns it. Most people in our society (save, perhaps, for legal scholars and thieves) instinctively perceive tangible objects as property and appreciate the concomitant responsibilities imposed on owners and the […]

Patrick Russell Goold, ‘Corrective Justice and Copyright Infringement’

Abstract: This article demonstrates that one crucially important function of copyright infringement cases is corrective justice. However, because scholars and lawmakers often conceive of copyright in solely economic terms, this goal is often overlooked and demonstrable unfairness occurs as a result. The article uses tort law theory to make three points. Firstly, the economic theory […]