Monthly Archives: March, 2014

Christopher Sprigman, ‘How Copyright Prevents Us From Getting the Books We Want’

Paul Heald, How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs), Illinois Public Law Research Paper No 13-54 (2013), available at SSRN. Back in mid-2013, Paul Heald posted to SSRN a short paper that already has had far more impact than academic papers usually have on the public […]

Adam Abelkop, ‘Tort Law as an Environmental Policy Instrument’

Introduction: … Part I provides a basis for my normative arguments by reviewing economic and legal theories of liability law. Part II advances the discussion by explaining the distinctiveness of tort liability in the context of environmental policy. Part III adopts criteria from the public policy field to evaluate the strengths and weaknesses of tort […]

Lynda Collins, ‘Aboriginal Environmental Rights in Tort’

Abstract: While environmental rights have largely been situate within the public law realms of statute and constitutional provisions, tort constitutes an important complementary tool for protecting environmental entitlements. Aboriginal peoples face system barriers to accessing the protections provided by tort law, in particular the law of nuisance and trespass. This Article argues for an application […]

Lobel and Amir, ‘Driving Performance: A Growth Theory of Noncompete Law’

Abstract: Traditional law and economic analysis views postemployment restrictions, ranging from noncompete agreements to intellectual property controls over an ex-employee’s knowledge and skill, as necessary for economic investment and market growth. The orthodox economic analysis theorizes that without such contractual and regulatory protections, businesses would underinvest in research, development, and human capital. This Article challenges […]

Patricia Hatamyar Moore, ‘The Civil Caseload of the Federal District Courts’

Abstract: In the fractious debate about the civil justice system, the dominant narrative of the Civil Rules Advisory Committee is that federal civil litigation takes too long and costs too much and that pretrial discovery is largely to blame. After repeatedly narrowing the federal discovery rules over the last thirty years, the Advisory Committee has […]

David McLauchlan, ‘Refining Rectification’

Abstract: Despite claims that the modern approach to interpretation of contracts has usurped much of its function, the equitable jurisdiction to rectify a written contract on the ground of common mistake remains one of the most practically important areas of the law of contract. Rectification claims are a regular feature of modern commercial litigation, very […]

Gregory Alexander, ‘Property’s Ends: The Publicness of Private Law Values’

Abstract: Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Article contends that property’s real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property’s ultimate end, is neither monistic or simple. Rather, it […]

Simon Stern, ‘Blackstone’s Legal Actors: The Passions of a Rational Jurist’

Abstract: The success of Blackstone’s Commentaries is usually attributed to the ambition of his project: to give a synthetic and integrated overview of the common law. Blackstone’s effort, however strained, to display the law’s coherence, helps to explain why the Commentaries were taken up by so many generations of avid readers, but the book’s success […]

Mark Lemley, ‘IP in a World Without Scarcity’

Abstract: Things are valuable because they are scarce. The more abundant they become, they cheaper they become. But a series of technological changes is underway that promises to end scarcity as we know it for a wide variety of goods. The Internet is the most obvious example, because the change there is furthest along. The […]

Book Review: The Construction of Commercial Contracts by JW Carter

Abstract: The Construction of Commercial Contracts by Professor J.W. Carter is an ambitious book. Its stated aim is to “explain as a coherent whole the principles which regulate the construction of commercial contracts” (at p. vii). As will be seen, it more than meets this lofty aim, and is a valuable contribution to an area […]