Monthly Archives: December, 2014

Sean Williams, ‘Dead Children: Tort Law and Investments in Child Safety’

Abstract: Should tort law treat cases of dead children differently than cases of dead adults? A diverse set of research — including bioethics studies, contingent valuation, and analyses of consumer behavior — all suggest that the answer is Yes. That research coalesces around a single pattern: people are willing to invest about twice as many […]

Claudia Landeo, ‘Law and Economics and Tort Litigation Institutions: Theory and Experiments’

Abstract: In tort litigation, delayed settlement or impasse imposes high costs on the parties and society. Litigation institutions might influence social welfare by affecting the likelihood of out-of-court settlement and the potential injurers’ investment in product safety. An appropriate design of litigation institutions and tort reform requires good knowledge of the factors that affect litigants’ […]

Block-Lieb and Halliday, ‘Contracts and Private Law in the Emerging Ecology of International Lawmaking’

Abstract: The creation of global markets rarely proceeds without the creation of institutions to enable and set parameters around global market actors, whether multinational companies, seafaring carriers, international banks or other private global investors. And yet little is known about the institutional matrix of lawmaking organizations on which markets depend. What is known about the […]

Postdoctoral Fellowships in Private Law, Harvard University

The Project on the Foundations of Private Law is an interdisciplinary research program at Harvard Law School dedicated to scholarly research in private law. Applicants should be aspiring academic with a primary interest in one or more of property, contracts, torts, intellectual property, commercial law, unjust enrichment, restitution, equity, and remedies. The Project welcomes applicants […]

Matthias Weller, ‘Mutual Trust: In Search of the Future of European Private International Law’

Abstract: What will EU justice policy look like in 2020? – This is the question the European Commission posed at the Assises de la Justice, “a forum to shape the future of EU Justice Policy” held at Brussels on 21-22 November 2013, under the leitmotif of “building trust in justice systems in Europe”. In its […]

‘The Past and Future of Copyright Politics’

Bill Herman, The Fight Over Digital Rights: The Politics of Copyright and Technology (2013). In The Fight Over Digital Rights, Bill Herman, a professor in the Department of Film and Media Studies at Hunter College, explores the changing landscape of political debate over digital rights management between 1980 and 2012. This is a book about […]

Conference: Contracts in Commercial Law, University of New South Wales 18-19 December 2015

The speakers for Contracts in Commercial Law are leaders in contracts scholarship and practice drawn from the highest ranks of the judiciary, academy and profession. The conference is convened by Professor Simone Degeling (UNSW), The Hon Justice James Edelman (Supreme Court of Western Australia) and Associate Professor James Goudkamp (University of Oxford) and is the […]

‘Property that Lasts Forever?’

The New York Times has a lengthy piece on the rise (and possible unconstitutionality) of perpetual trusts. The article features lots of analysis by Harvard law professor, Rob Sitkoff. [Steve Clowney, PropertyProf Blog, 12 December]

Paul Wragg, ‘Enhancing Press Freedom through Greater Privacy Law: A UK Perspective on an Australian Privacy Tort’

Abstract: In light of previous inquiries identifying areas of concern in Australia’s privacy law provisions, the Australian Law Reform Commission (‘ALRC’) recently devised a new tort that, if implemented, would better protect individuals from serious invasions of privacy. Although the tort was designed principally with new technologies in mind, there has been vociferous concern that […]

Stewart and Stuhmcke, ‘High Court Negligence Cases 2000-10’

Abstract: This article reports and analyses the results of a study of High Court negligence decisions from 2000 to 2010. The research establishes that the common law of negligence has been evolving toward the imposition of greater personal responsibility on plaintiffs in most circumstances, but especially in recreational activity cases. Further, the study reveals a […]