Monthly Archives: March, 2014

Symposium: Making the Fine Print Fair: Washington DC, 4 April 2014

The Georgetown Consumer Law Society and Citizen Works are co-hosting an exciting conference, Making the Fine Print Fair, on Friday, April 4. Notable speakers include Ralph Nader, Edith Ramirez and David Vladeck as well as blog favorites Margaret Jane Radin and Omri Ben-Shahar. Registration is free but space is limited. More information about speakers and […]

Michael Faure, ‘The complementary roles of liability, regulation and insurance in safety management: theory and practice’

Abstract: Liability rules, regulation and insurance have all been proposed in legal and economic theory as instruments to prevent safety risks created by enterprises. Moreover, these rules can also be found in combination in most legal systems. Indeed, liability rules are often advanced as the market solution to safety since they simply allocate a price […]

Engel and Stark, ‘Buttons, Boxes, Ticks, and Trust: On the Narrow Limits of Consumer Choice’

Abstract: Consumers shall be considerate and responsible, have the necessary information available and choose from a vast array of goods whatever best satisfies their needs. The ideal understanding of the European consumer relies on splendid supply and sound choice. Whereas the supply of goods and services in the Union as well as in most Member […]

Luka Burazin, ‘Legal Nature and Functions of Damage Reparation: Sanction-Based and Duty-Based Understanding’

Abstract: In contemporary legal theory, damage reparation is, by its legal nature, widely believed to be a form of sanction. This view can be dubbed the so-called sanction-based understanding of damage reparation. It has its source in the Roman law of delict and is greatly inspired by natural law writers, such as H Grotius and […]

Robert Merges, ‘Economics of Intellectual Property Law’

Abstract: This Chapter highlights two major differences between early or “first wave” scholarship in the field of intellectual property (IP) law, and the work of more contemporary “second wave” researchers: (1) increased attention to IP rights in a broader economic context (contextualization); and (2) greater methodological diversity. This Chapter is organized around these two themes. […]

Dagan and Dagan, ‘Facilitating the Commons Inside Out’

Abstract: Commons property is a true challenge to the law, especially in a legal context that respects individual mobility, which is key to freedom and autonomy. While a tragedy of the commons is not inevitable, the sustainability – let alone flourishing – of the commons is far from obvious either. But the rewards of the […]

Just published: John Oberdiek (ed), Philosophical Foundations of the Law of Torts

“Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground […]

Conference: The European Court of Justice as ‘Creator’ of European Contract Law: Luxembourg, 13-14 June 2014

Good news for Court watchers interested in the role of the judiciary in developing rules of contract law, including the rules governing consumer contracts: the Society of European Contract Law (SECOLA) announced that it will dedicate this year’s conference to the theme of ‘The European Court of Justice as “Creator” of European Contract Law’. The […]

Book Review: Zahr Said, ‘Book Review, Coming of Age in IP: What Goods, Infrastructures, and Property Theory Suggest About the Flourishing of Intellectual Property Scholarship’

Abstract: For the Fourth Annual Book Review Edition of the Tulsa Law Review, this Essay reviews the following three books: Ronald A Cass and Keith N Hylton, Laws of Creation: Property Rights in the World of Ideas (2013); Madhavi Sunder, From Goods to a Good Life: Intellectual Property and Global Justice (2012); and Brett M […]

Gregory Klass, ‘Introduction to The Philosophical Foundations of Contract Law

Abstract: This Introduction to The Philosophical Foundations of Contract Law (Gregory Klass, George Letsas and Prince Saprai eds, Oxford University Press, Forthcoming) describes the field of contract theory and locates the essays in the volume within that field. The volume includes chapters from Aditi Bagchi, Randy Barnett, Lisa Bernstein, Mindy Chen-Wishart, Charles Fried, Avery Katz, […]