Monthly Archives: June, 2013

Nadia Sawicki, ‘A New Life for Wrongful Living’

Abstract: A patient has an indisputable right under federal and state laws to set forth her wishes for end-of-life medical care in an advance directive or other legal document, or by way of a health care proxy. Such directives are legally binding in that they can be used to enjoin a medical provider from administering […]

Scott Hershovitz, ‘What Does Tort Law Do? What Can It Do?’

Conclusion: From the start, our questions have been: What warrants treating Alice differently than Betty? What is tort trying to do when it empowers Alice to claim compensation? In revenge, we have found our answers. A tort suit is not an act of revenge. But it aims to do the same thing that people taking […]

Carbonara, Guerra and Parisi, ‘Sharing Residual Liability: “Cheapest Cost Avoider” Revisited’

Abstract: Economic models of tort law evaluate the efficiency of liability rules in terms of the precaution and activity-level incentives they create. On this framing of the problem, a liability regime is optimal when it creates incentives to maximize the value of risky activities. However, while negligence-based systems are able to incentivize individuals to exercise […]

Gijs Van Dijck, ‘Assessing the Defensive Practices Concern in Tort Law: Bridging the Gap between Empirical Analysis and Doctrinal Reasoning’

Abstract: This article evaluates the concern that tort liability causes individuals or organizations to change their behavior, actions, or views. After comparing how the defensive practices concern is used in case law and empirical studies, it is found that UK and Dutch case law currently suffer from an imprecise use of the defensive practices concern, […]

Murray, Piper and Robertson, ‘Putting Intellectual Property in its Place: Rights Discourses, Creative Labor, and the Everyday’

Abstract: “Putting Intellectual Property in its Place”, examines the relationship between creativity and intellectual property law on the premise that; despite concentrated critical attention devoted to IP law from academic, policy, and activist quarters; its role as a determinant of creative activity is overstated. The effects of IP rights or law are usually more unpredictable, […]

Wendy Gordon, ‘The Concept of “Harm” in Copyright’

Abstract: This essay examines the tort of copyright infringement. It argues that the ideas of “harm” and “fault” already play a role in the tort’s functioning, and that an ideally reformulated version of the tort should perhaps give a more significant role to “harm”. The essay therefore examines what “harm” can or should mean, reviewing […]

Conference: Philosophical Foundations of Fiduciary Law, DePaul University College of Law, 19-20 July 2013

“Internationally renowned scholars will convene at DePaul University College of Law to identify and address issues in fiduciary law on July 19 and 20, 2013. Fiduciary law is one of the most important yet one of the least analyzed areas of private law. This conference will bring unprecedented attention to this neglected area of legal […]

Just out: Amnon Lehavi, The Construction of Property: Norms, Institutions, Challenges

“The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, […]

Helge Dedek, ‘Duties of Love and Self-Perfection: Moses Mendelssohn’s Theory of Contract’

Abstract: In his Doctrine of Right, Immanuel Kant calls Moses Mendelssohn, the towering figure of the German and the Jewish Enlightenment, a ‘Rechtsforscher’ – a legal scholar. Yet not only Kant, but numerous scholars of natural law in the eighteenth and nineteenth centuries, refer to and reflect on the juridical aspects of Mendelssohn’s work, in […]

Gema Tomás, ‘Harmonisation Of European Contract Law: Slowly But Surely?’

Abstract: This paper deals with the harmonisation of European Contract Law from a gradual point of view. The main objective is to show the different academic and official steps carried out in this field. The so called Commission on European Contract Law under the leadership of Professor Ole Lando was the starting point in 1982. […]