Monthly Archives: June, 2013

Vanessa White, ‘Property Rights in Human Gametes in Australia’

Abstract: It has long been a basic tenet of the common law that there can be no property interest in human bodies or body parts. However, exceptions to the rule have been recognized from the mid-19th century and developed over time. In the early 21st century, there have been interesting developments in the common law […]

Tania Rice, ‘Letting the Apes Run the Zoo: Using Tort Law to Provide Animals with a Legal Voice’

Abstract: Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal […]

Louise Belanger-Hardy, ‘Thresholds of Actionable Mental Harm in Negligence: A Policy-Based Analysis’

Abstract: Common law courts, in Canada and elsewhere, currently insist on proof of a recognizable psychiatric illness (RPI) before granting damages to plaintiffs seeking compensation for stand-alone mental harm caused by negligent acts. This article argues that the time has come to revisit this well-entrenched principle. The inquiry focuses specifically on the policy concerns underlying […]

Juliet Kostritsky, ‘The Law and Economics of Norms’

Abstract: This Article examines the increased importance of norms in the law and economics of exchange. By studying how private parties bring order despite the absence of a coercive state and the idea of a norm as the result of an exchange that originates in the brain to accommodate all competing costs, one can better […]

Andrew Burrows, ‘Damages and Rights’

Abstract: This essay looks at three topical aspects of the relationship between damages and rights. The first is the substitutive damages thesis which, it is argued, should be rejected. The second are damages under the Human Rights Act 1998. Here the argument is that the Greenfield case should be departed from: the scale of non-pecuniary […]

Andrew Burrows, ‘Comparing Compensatory Damages in Tort and Contract: Some Problematic Issues’

Abstract: This essay considers a number of difficult issues in comparing compensatory damages in tort and contract in the context of concurrent liability. Four questions are focused on. Looking across all four questions, it is argued that, while the measure of damages should reflect the underlying wrong in question – so that the reliance interest […]

Miller and Perry, ‘A Group’s a Group, No Matter How Small: An Economic Analysis of Defamation’

Abstract: Consider the following case (Jews for Jesus, Inc. v. Rapp, 997 So.2d 1098, 1101 (Fla. 2008)): A Jews-for-Jesus bulletin publishes a report, falsely implying that a Jewish woman became “a believer in the tenets, the actions, and the philosophy of Jews for Jesus.” Does this publication constitute defamation? What makes a statement defamatory? Should […]

Yuval Procaccia, ‘Revisiting the Efficiency Theory of Non-Contemplated Contingencies in Contract Law’

Abstract: In contract law, common mistake or frustration are grounds for relieving the promisor from the obligation to perform. Conventional economic theory justifies relief by appealing to its effect on the promisee’s incentives, namely, her incentives to act efficiently to prevent the unfavorable occurrence or its associated losses. The Article challenges this justification. While relief […]

Paul MacMahon, ‘Proceduralism, Civil Justice, and American Legal Thought’

Abstract: American legal scholars spend a large proportion of their time debating and theorizing procedure. This Article focuses on American proceduralism in the particular field of civil justice and undertakes a detailed comparison with England, where procedural questions receive little academic attention. It finds that procedure is more prominent in America partly because Americans have […]

Brian Sloan, ‘Informal Care and Private Law: Governance or a Failure Thereof?’

Abstract: This paper is the text of a presentation given at the ‘Care, Governance & Law’ workshop at Kent Law School in March 2013, with references added. The provision of care for elderly and disabled people is an issue of enormous public importance, particularly in the context of an ageing population. There is currently much […]