Monthly Archives: January, 2014

Robert Stevens, ‘Private Rights and Public Wrongs’

Abstract: This paper is in two parts. First, the analytic question of how we distinguish crimes from torts will be addressed. Second a normative claim will be made that Mill’s Harm Principle is both too narrow and too broad in determining what kind of conduct can be criminalised. Stevens, Robert Hedley, Private Rights and Public […]

Roni Rosenberg, ‘The Contract: Between Contract Law and Criminal Jurisprudence’

Abstract: The goal of this essay is to consider which contracts can serve as a source of the requisite duty to act in criminal jurisprudence. Such a connection between contract law and criminal jurisprudence, with a focus on the contract as a source of the duty to act required in order to convict for an […]

Christopher Cifrino, ‘Virtual Property, Virtual Rights: Why Contract Law, Not Property Law, Must Be the Governing Paradigm in the Law of Virtual Worlds’

Abstract: Virtual worlds such as World of Warcraft and Second Life have recently exploded in popularity. As users of these worlds acquire virtual assets, conflicts inevitably arise. These conflicts are currently resolved through the terms of End User License Agreements (“EULAs”) between users and developers. Many commentators, however, criticize EULAs as being too one-sided and […]

Jason Varuhas, ‘The Concept of “Vindication” in the Law of Torts: Rights, Interests and Damages’

Abstract: This article seeks to identify the nature of vindication as a distinctive function within the English law of torts. It argues that a specific conception of vindication explains fundamental features of the law of torts, variations in the structure of different torts, as well as variations in the approach to damages from one tort […]

Adi Osovsky, ‘The Misconception of the Consumer as a Homo Economicus: A Behavioral-Economic Approach to Consumer Protection in the Credit-Reporting System’

Abstract: … This Article suggests that the current regulatory system has been captivated by the misconception of the consumer as a homo economicus. Existing regulations have given consumers a significant role in facilitating the production of more accurate credit, envisioning rational, vigilant, and alert consumers who regularly monitor their credit reports, dispute errors, and opt […]

Allan Hutchinson, ‘Some ‘What If?’ Thoughts: Notes on Donoghue v. Stevenson

Abstract: This article looks at the seminal case of Donoghue v Stevenson and poses a series of “what if?” question as to the importance of Donoghue. What if the events that led to that case had not unfolded in the same way or its cast of characters had been different? The author finds that the […]

Kyle Graham, ‘Strict Products Liability at 50: Four Histories’

Abstract: This article offers four different perspectives on the strict products-liability “revolution” that climaxed a half-century ago. One of these narratives relates the prevailing assessment of how this innovation coalesced and spread across the states. The three alternative histories introduced by this article both challenge and complement the standard account by viewing the shift toward […]

‘Quantifying the Copyright-Innovation interference’

“Joel Waldfogel, Copyright Protection, Technological Change, and the Quality of New Products: Evidence from Recorded Music Since Napster, 55 J.L. & Econ. 715 (2012), available at the University of Minnesota. The constitution empowers Congress to promote the useful and the expressive arts, which Congress does through the laws governing patents and copyrights. But, promoting one […]

Sinai and Shmueli, ‘Calabresi’s and Maimonides’s Tort Law Theories – A Comparative Analysis and a Preliminary Sketch of a Modern Model of Differential Pluralistic Tort Liability Based on the Two Theories’

Abstract: Is it possible to create a virtual dialogue between the method of classic scholars of the economic analysis of tort law, such as Guido Calabresi — one of the founders of (tort) law and economics, and the method of Jewish tort law scholars, such as Talmudic and post-Talmudic sages, especially Maimonides? The obvious answer […]

Michael Pressman, ‘The Two-Contract Approach to Liquidated Damages: A New Framework for Exploring the Penalty Clause Debate’

Abstract: Over the years, a vast amount of academic literature has addressed issues surrounding liquidated damages clauses. Some scholars have written about the tests that courts apply to determine the enforceability of these clauses; many other scholars have debated the efficiency of enforcing “penalty” liquidated damages clauses. Surprisingly, however, there has been scant — if […]