Monthly Archives: December, 2013

Lecture: In support of an English Contract Code: Andrew Tettenborn, UCL Faculty of Laws, London, 14 January 2014

English contract law enjoys an enormous degree of rational strength, together with a practical and down-to-earth approach which is the envy of many civilian systems (and, of course, an attraction for business people for whom it exists). In doctrine and comprehensibility, however, its record is less impressive, as anyone will testify who has struggled to […]

Unconscionability Shui

“Unconscionability and the Contingent Assumptions of Contract Theory, 2013 Mich St L Rev 211 (2013), by Dr M Neil Browne and Lauren Biksacky, argues that basic assumptions of liberal contract theory – for example, that contracts are made by rational and informed parties – don’t hold. Therefore, courts should find more contracts unconscionable. This short […]

Kate Galloway, ‘Normative foundations of intimate partner constructive trusts’

“On 5-6 December the Melbourne Law School is hosting a Trusts Conference at which I will be presenting. Here are the speaker notes and powerpoints for my presentation, ‘Distribution, Redistribution or Maintaining the Status Quo? The Normative Foundations of Intimate Partner Constructive Trusts’ …” (more) [Kate Galloway, Curl, 4 December]

Paul Babie, ‘The Spatial: A Forgotten Dimension of Property’

Abstract: This article employs urban sociologist and planning theorist Edward W Soja’s spatial scaffolding found in the ontological “trialectic” to look at property anew, with its obvious, but oft-forgotten spatial dimension brought to the foreground. The article uses Soja’s ontological trialectic to reassemble what we already know about property, demonstrating that theorizing about property implicitly […]

Jude Chua, ‘Austrian Reasons for Private Property Rights: A New Natural Law Retrieval of Hayek and Rothbard’

Abstract: In this paper try to retrieve two arguments in favor of private property rights from the Austrian thinkers Fredrich Hayek and Murray Rothbard, through drawing on resources from new natural law theory defended by John Finnis and Germain Grisez and their collaborators. In Hayek‘s case, I explained how, given the manner in which practical […]

Elizabeth Chamblee Burch, ‘Revisiting the Government as Plaintiff’

Abstract: This is a symposium essay dedicated to the late Richard Nagareda and written in response to Adam S. Zimmerman’s piece, The Corrective Justice State. Burch, Elizabeth Chamblee, Revisiting the Government as Plaintiff (December 1, 2013). 5 Journal of Tort Law (2014), Forthcoming.

Jonathan Griffiths, ‘Dematerialization, Pragmatism and the European Copyright Revolution’

Abstract: A model of copyright protection under which the law’s attention is directed towards a dematerialized, malleable essence (‘originality’, ‘labour and skill’ or ‘creativity’) has gradually evolved in the UK. This model has come to regulate all fundamental questions concerning the scope and attribution of rights. Nevertheless, until very recently, some aspects of copyright doctrine […]

Daniel Kelly, ‘Restricting Testamentary Freedom: Ex Ante versus Ex Post Justifications’

Abstract: The organizing principle of American succession law — testamentary freedom — gives decedents a nearly unrestricted right to dispose of property. After surveying the justifications for testamentary freedom, I examine the circumstances in which it may be socially beneficial for courts to alter wills, trusts, and other gratuitous transfers at death: imperfect information, negative […]