Monthly Archives: November, 2014

Clark and Nolan, ‘A Critique of Chester v Afshar

Abstract: Our aim in this article is to provide a counterbalance to the substantial body of academic opinion supportive of the decision in the medical non-disclosure case of Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134, while at the same time identifying some misconceptions that have arisen about the case. Our critique is […]

Marc Moore, ‘Private Ordering and Public Policy: The Paradoxical Foundations of Corporate Contractarianism’

Abstract: This article critically examines the dominant contractarian theory of the firm, and the extent to which its main descriptive propositions are actually manifested within the UK’s legal framework of corporate governance today. The article’s doctrinal analysis is focussed on those principles and rules that together determine the division of decision-making power at the heart […]

‘When is Sexual Abuse Within the Scope of Employment?’

Martha Chamallas, Vicarious Liability in Torts: The Sex Exception, 48 Valparaiso University Law Review 133 (2013), available at SSRN. Martha Chamallas’s Monsanto Lecture, Vicarious Liability in Torts: The Sex Exception, is timely and important, inviting renewed scholarly attention to the oft-neglected topic of vicarious liability. Since the 1990s, courts have faced a steady stream of […]

Dagan and Dorfman, ‘The Justice of Private Law’

Abstract: Private law is traditionally conceptualized around a commitment to formal freedom and equality, whereas critics of the public/private distinction (including lawyer-economists) construe it as merely one form of regulation. We criticize the traditional position as conceptually misguided and normatively disappointing. But we also reject the conventional criticism, which confuses a justified rejection of private […]

Sujitha Subramanian, ‘The changing dynamics of the global intellectual property legal order: emergence of a “network agenda”?’

Abstract: The Anti-Counterfeiting Trade Agreement (ACTA) had sought to augment intellectual property (IP) enforcement practices, to counter the proliferation of counterfeit and pirate goods and to regulate digital infringements. This paper examines the collapse of ACTA and challenges the traditional orientation of the debate concerning the tension between the ‘enforcement’ and ‘development’ agendas. The ACTA […]

Call for Papers: ABA – IPL Intellectual Property Law Scholarship Symposium Wednesday, 25 March 2015, North Bethesda, MD

The American Bar Association Section of Intellectual Property Law is pleased to host its second annual Intellectual Property Law Scholarship Symposium during the ABA-IPL Section’s 30th Annual Intellectual Property Law Conference, March 25-27, 2015, at the Bethesda North Marriott Hotel and Conference Center in North Bethesda, MD. The Symposium will take place on Wednesday, March […]

‘Dutch draft bill on collective action for compensation – a note on extraterritorial application’

“As many readers will know, the Dutch collective settlement scheme – laid down in the Dutch collective settlement act (Wet collective afhandeling massaschade, WCAM) – has attracted a lot of international attention in recent years as a result of several global settlements, including those in the Shell and Converium securities cases. Once the Amsterdam Court […]

Geoffrey Miller, ‘Empirical Analysis of Legal Theory’

Abstract: Empirical analysis of dispute resolution terms in commercial contracts provides information about theoretical issues in contract law. These clauses are adopted at a time when the parties share an interest in maximizing the value of the contract. The analyst can examine the pattern of contracting behavior and infer that the choices made by sophisticated […]

Richard Huxtable, ‘Autonomy, Best Interests and The Public Interest: Treatment, Non-Treatment and the Values of Medical Law’

Abstract: When constructing its responses to cases concerning the treatment and non-treatment of patients, both competent and incompetent, English medical law primarily uses two analytic tools: the autonomy and the welfare (or best interests) of the patient. I argue, however, that the construction going on behind the facade involves the use of more — and […]

Omari Scott Simmons, ‘Muted Deterrence: The Enhanced Attribution of Tort Liability to US Higher Education Institutions for Student Safety’

Abstract: A key challenge facing modern universities is ensuring student safety. This task inevitably involves deterring risky behavior. The existing law on campus safety, however, inadequately addresses this challenge. This essay argues that an overemphasis on tort litigation fails to (i) adequately deter risky individual and institutional behaviors; (ii) provide incentives to higher education institutions […]