Monthly Archives: June, 2014

Erik Encarnacion, ‘Corrective Justice as Making Amends’

Introduction: … This paper outlines a new conception of corrective justice capable of responding to these attacks. To see what motivates the conception, we will begin with some background. Part I explains the three main objections to traditional corrective justice theories advanced by civil recourse theorists. Part II sets out a recent attempt by Scott […]

‘Are Patent Damages Uncertain?’

Michael Mazzeo, Jonathan Hillel, and Samantha Zyontz, Explaining the ‘Unpredictable’: An Empirical Analysis of Patent Infringement Awards, 35 International Review of Law and Economics 58 (2013). A recent American Bar Association Corporate Counsel seminar styled itself as ‘The Uncertain Arena: Claims for Damages and Injunctive Relief in the Unpredictable World of IP Litigation’. The seminar […]

Gregory Keating, ‘When Is Emotional Distress Harm?’

Abstract: In 1968, the California Supreme Court decided Dillon v. Legg, to this day the most famous American negligent infliction of emotional distress (NIED) case. In a nutshell, Dillon ruled that, henceforth, the scope of liability for negligent infliction of emotional harm would be governed by the same principle of reasonable foreseeability which governs the […]

Gregory Keating, ‘Strict Liability Wrongs’

Abstract: Strict liability is an orphan among moral theorists of torts. They wish either to expunge it from the law of torts entirely, or to assimilate it to negligence liability. This chapter argues that strict liability torts are genuine wrongs. They involve violations of rights, and they delineate two distinctive domains of wrongful conduct. One […]

Bram Akkermans, ‘European Union Constitutional Property Law’

Abstract: For European property lawyers, property is the law of things and this has been so for the past centuries. In this perspective, property law focuses on transactions of these things and is therefore transactional law. Increasingly there is a number of lawyers that considers property in a constitutional context. However, this is mostly done […]

David Krebs, ‘ “Privacy by Design”: Nice-to-Have or a Necessary Principle of Data Protection Law?’

Abstract: Privacy by Design is a term that was coined in 1997 by the Canadian privacy expert and Commissioner for Ontario, Dr Ann Cavoukin, but one that has recently been receiving more attention in terms of its inclusion as a positive requirement into EU, US and Canadian data protection frameworks. This paper argues that the […]

Mark Geistfeld, ‘The Tort Entitlement to Physical Security as the Distributive Basis for Environmental, Health, and Safety Regulations’

Abstract: In a wide variety of contexts, individuals face a risk of being physically harmed by the conduct of others in the community. The extent to which the government protects individuals from such harmful behavior largely depends on the combined effect of administrative regulation, criminal law, and tort law. Unless these different departments are coordinated, […]

Joshua Teitelbaum, ‘Analogical Legal Reasoning: Theory and Evidence’

Abstract: The paper offers a formal model of analogical legal reasoning and takes the model to data. Under the model, the outcome of a new case is a weighted average of the outcomes of prior cases. The weights capture precedential influence and depend on fact similarity (distance in fact space) and precedential authority (position in […]

Snyder and Mirabito, ‘The Death of Contracts’

Abstract: Contract law is dying. Admittedly, given earlier erroneous reports of its demise, including (most prominently) that of Grant Gilmore in 1974, we might evoke memories of the boy who cried “Wolf!” But if we remember that story, the boy did eventually turn out to be right. The wolf eventually showed up. In this paper, […]

Pablo Lerner, ‘Harmonization of Unjust Enrichment: Some Remarks from the Israeli Perspective’

Abstract: This article address central issues surrounding harmonization of unjust enrichment, such as its scope, the relationship between unjust (or unjustified) enrichment and restitution, and the subsidiary of unjust enrichment. The article argues also that the gap between continental law and common law vis-à-vis unjust enrichment is not so broad. From the perspective of Israeli […]