Monthly Archives: January, 2014

Shajib Mahmood Alam, ‘Medical Negligence: Should Judges Take a Back Row Seat?’

Abstract: The very nature of professional services involves the exercise of skills, and the possession of a body of knowledge, not shared by the public at large. Brazier & Miola argues that judges are not qualified to make professional judgements on the practices of other learned professionals. The first part of this essay deals with […]

Mark Harrison, ‘Evidence-Free Policy: The Case of the National Injury Insurance Scheme’

Abstract: The Productivity Commission report ‘Disability Care and Support’ recommends tort liability be replaced by a compulsory, government-run, no-fault scheme. But theory and evidence indicate moving to a no-fault scheme will increase the accident rate. Even a move from non-risk-rated third-party insurance to non-risk-rated first-party insurance reduces incentives for care. A no-fault scheme is not […]

‘New Year, new tort of misuse of private information’

“A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct […]

Joanna Shepherd, ‘Uncovering the Silent Victims of the American Medical Liability System’

Abstract: A frequently overlooked problem with the current medical liability system is the vast number of medical errors that go uncompensated. Although studies indicate that 1% of hospital patients are victims of medical negligence, fewer than 2% of these injured patients file claims. In this Article, I explain that many victims of medical malpractice do […]

Eike Hosemann, ‘”The New Private Law”: A Historical and Comparative Perspective on the Emerging New Private Law Scholarship in the United States’

Abstract: In 2011, the Harvard Law Review held a symposium entitled “The New Private Law”. This title was chosen to capture what is allegedly a new stream in US legal scholarship: a group of scholars arguing for the normative distinctiveness of private law and proposing a reconstructive, rather than deconstructive, approach to its traditional concepts. […]

Amaury Sibon, ‘Enforcing Punitive Damages Awards in France: Facing Proportionality within International Public Policy’

Abstract: International commercial arbitration is not alien to the concept of punitive damages. In fact, arbitral tribunals commonly resort to punitive measures in cases where one of the defendants’ conduct has breached all means of decency and deserves heavy sanctions. Accordingly, a question that follows is whether such an arbitral award can sustain enforceability in […]

Emad Atiq, ‘Why Motives Matter: Reframing the Crowding Out Effect of Legal Incentives’

Abstract: Legal rules and regulations are routinely rationalized by appeal to the incentives they create. This Note examines an important but misunderstood fact about incentives—namely, that they often “crowd out” the natural motivations that citizens have to engage in socially valued behavior, such as a sense of civic duty, a commitment to personal growth, and […]

Olha Cherednychenko, ‘Public Supervision over Private Relationships: Towards European Supervision Private Law?’

Abstract: The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of contract-related conduct of business rules […]

Nicholas Blomley, ‘Property, Law, and Space’

Abstract: This short piece, to be published in a special issue of Property Law Review, aims to provoke interest in thinking about the spatial dimensions of property (particularly in land). This reflects the burgeoning interest in the geographies of law more generally. While there are many ways in which one can “think spatially”, it is […]

Johannes Flume, ‘Law and Commerce – The Evolution of Codified Business Law in Europe’

Abstract: This paper tracks the evolution of the codification of commercial law and company law, also known as business law. While the literature on codification in general is vast, little attention has been dedicated to the importance of business law in this context although the first major moves towards codification were achieved in this field. […]