Monthly Archives: July, 2014

Megan Carpenter, ‘Intellectual Property: A Human (Not Corporate) Right’

Abstract: This chapter seeks to distinguish between intellectual property rights the existing legal mechanisms for intellectual property protection – and the right to intellectual property. The right to intellectual property is a human right. Intellectual property rights, instrumental in nature and codified in legal frameworks around the world, are not. Rather, intellectual property rights as […]

David Erdos, ‘Fundamentally Off Balance: European Union Data Protection Law and Media Expression’

Abstract: The European Data Protection Directive 95/46/EC requires all European Economic Area (EEA) jurisdictions to provide an equivalent regime protecting the privacy and other fundamental rights and freedoms of natural persons in relation to personal data processing, whilst also shielding media expression from the default substantive requirements as necessary to ensure a balance between fundamental […]

Michael Pratt, ‘Disclaimers of Contractual Liability and Voluntary Obligations’

Abstract: Contractual obligations are traditionally regarded as voluntary. A voluntary obligation is one that can be acquired only if one intends to acquire it. This traditional understanding finds doctrinal expression in the requirement that contracting parties intend to create legal relations. It has, however, been doubted that the Anglo-Canadian law of contract insists on this […]

Stephen Waddams, ‘Mistake in Assumptions’

Abstract: Mistake raises several important and difficult questions for contract law. The question addressed here is, when is it an excuse from contractual obligation that a contract has been made under the influence of a mistake of fact? Posed in this form, the question invites attention to aspects of contract law not usually considered in […]

Claire Mumme, ‘Property in Labour and the Limits of Contract’

Abstract: As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. […]

‘Recognition Without Consent’

Erez Aloni, Deprivative Recognition, 61 UCLA Law Review 1276 (2014). Relationship recognition has been at the center of reform efforts in family law for the last two decades. Scholars and advocates alike have focused intently on the need to provide recognition and support for a variety of relationships that the law has traditionally ignored. These […]

Xiyin Tang, ‘Copyright in the Expanded Field’

Abstract: Intellectual property (“IP”) law and the art forms it is meant to protect are expanding. In our information age, artists hoping to assert their rights frequently assert a combination of trademark, copyright, and right of publicity or moral rights claims in order to maximize their chances of success. This Article looks beyond IP law […]

Jonathan Miller, ‘The Influence of Human Rights and Basic Rights in Private Law in the United States’

Abstract: International human rights and notions of basic rights have had little influence on private law in the United States. Constitutional rights in the United States are almost exclusively viewed in terms of the individual’s relationship with the State, not individuals’ relations with each other. At the same time, US self-sufficiency and international power has […]

Lyman Johnson, ‘Law and the History of Corporate Responsibility: Corporate Governance’

Abstract: This article is one part of a multi-article project on the role of law in the history of corporate responsibility in the United States. Key background material for the project is set forth in the introduction to an earlier article addressing corporate personhood. This paper deals with corporate governance while other articles address corporate […]

Jeffrey Harrison, ‘Copyright as Contract’

Abstract: Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a “work” that will be available on a limited basis for […]