Monthly Archives: September, 2014

Andrew Botterell, Review of Weinrib’s Corrective Justice

“Ernest Weinrib’s important and welcome Corrective Justice extends and refines ideas and arguments previously presented in his ground-breaking The Idea of Private Law (Cambridge, Massachusetts: Harvard University Press, 1995) — which, happily, has been re-issued in a second edition by Oxford University Press. Corrective Justice collects nine papers, some of which have been previously published, […]

Jane Baron, ‘Rescuing the Bundle-of-Rights Metaphor in Property Law’

Abstract: … this Article argues that the bundle-of-rights conceptualization remains useful both descriptively and normatively. First, the bundle-of-rights conceptualization produces more precise specification of the legal relations of parties in both simple and complex property arrangements. Second, it clarifies the normative choices that underlie decisions about property. Third, it focuses attention on the quality of […]

Teri Baxter, ‘Tort Liability for Parents Who Choose Not to Vaccinate Their Children and Whose Unvaccinated Children Infect Others’

Introduction: In the past several years the United States has experienced outbreaks of diseases that had been completely or nearly eliminated in past decades. Among the diseases that have reappeared and sickened hundreds of children are pertussis (also known as whooping cough) and measles. In most cases the outbreaks have been traced to unvaccinated individuals […]

Samuel Walker, ‘Applying the actual/potential person distinction to reproductive torts’

Abstract: As technology has advanced, the level of control that can be exercised over the reproductive process has increased. These advances have resulted in a number of claims in tort law relating to pregnancy and birth. The three reproductive torts considered here are ‘wrongful conception’, ‘wrongful birth’ and ‘wrongful life’. This article will consider the […]

Joanna Manning, ‘Plus ça change, plus c’est la même chose: Negligence and treatment injury in New Zealand’s accident compensation scheme’

Abstract: In 2005, cover for treatment injury replaced medical misadventure in New Zealand’s accident compensation scheme. The mischief was to remove the need for a claimant to prove a health practitioner’s or organization’s negligence to establish cover. The aim was to provide greater fairness for claimants, faster claims handling and a higher acceptance rate. A […]

Ben-Shahar & Schneider Symposium, Finale: The Authors Respond

“After reading our book and the blogs about it, you are surely in danger of hearing more than you want to know and even more surely apprehensive about a response in which we battle and bicker point by point. Our critics have described our thesis accurately: More Than You Wanted To Know does argue that […]

‘Corporate Privacy’

Elizabeth Pollman, A Corporate Right to Privacy, 99 Minnesota Law Review (forthcoming, 2014) available at SSRN. Professor Elizabeth Pollman explores the validity and scope of a constitutional right to privacy for corporations in a thought-provoking forthcoming article, A Corporate Right to Privacy. In light of the discussions and debates about the rights of corporations surrounding […]

Symposium: ‘The New Doctrinalism’, 24-25 October, Penn Law, Philadelphia

This year’s symposium will bring together distinguished scholars from around the world to examine the interaction between legal doctrine and American Legal Realism. To what extent have moral philosophy, industry practice, economics, and other societal influences affected legal doctrine? The New Doctrinalism will feature a keynote presentation on Friday afternoon and presentations on twelve different […]

Xandra Kramer, ‘European Private International Law: The Way Forward’

Abstract: This paper aims to provide the background of European private international law for the purpose of informing on possible courses of action. It clarifies the role of private international law in the EU, discusses past and present policy, describes the existing legislative framework and gaps in the current framework, and maps the policy options […]

Robert Suggs, ‘A Functional Approach to Copyright’

Abstract: This essay results from a half-century spent observing the development and stagnation of a once vital music form, jazz. Curiosity spurred its evolution when a successor to John Coltrane failed to emerge within a few years of his early death. Over the ensuing decades, I became concerned that advancing technology and the 1976 Copyright […]