Monthly Archives: January, 2015

Call for Papers: Journal of Private International Law 10th Anniversary Conference, University of Cambridge, 3–5 September 2015

The Editors now invite abstracts for the conference. Please submit an abstract if you would like to make a presentation at the conference and you are willing to produce a final paper that you will submit for publication in the Journal. Abstracts should be up to 500 words in length and should clearly state the […]

Filippetti and Archibugi, ‘The Globalization of Intellectual Property Rights’

Abstract: There is a heated debated – in academia and in policy circles – about the usefulness of a stronger global regime of intellectual property rights (IPRs). Supporters of strong IPRs argue that they will increase investments in R&D and innovation and disseminating it across countries. Detractors respond that this would imply another burden on […]

Luke Nottage, ‘Long Term Contracts’

Abstract: This is a longer (footnoted) version of a review of book on “Long Term Contracts”, comprising 21 substantive chapters or commentaries as well as topical introductions, which will appeal to academics and practitioners interested in dispute resolution and comparative law as well as contract law. The volume, derived from a conference held in Perth […]

Lecture available online: ‘Constitutionalism and Private Law’, Leonard Hoffmann, 28 January 2015

On Wednesday 28 January 2015 Lord Hoffmann, Lord of Appeal in Ordinary from 1995 to 2009, delivered the 2015 Cambridge Freshfields Lecture entitled Constitutionalism and Private Law. The Cambridge Freshfields Lecture is an annual address delivered by a guest of the Cambridge Private Law Centre, and the event is sponsored by Freshfields Bruckhaus Deringer … […]

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 […]

Alberto Bernabe, ‘Do Parents Have a Duty to Supervise Their Children’s Use of the Internet?’

Abstract: In late 2014, the Georgia Court of Appeals issued a decision that recognized a cause of action against the parents of a teenager who posted hurtful information about another teenager on the internet. The case caught the attention of many in the media which published stories claiming the case was the first to impose […]

Ronen Avraham, ‘Does the Theory of Insurance Support Awarding Pain and Suffering Damages in Torts?’

Abstract: This chapter asks whether THE THEORY OF INSURANCE SUPPORTS AWARDING PAIN AND SUFFERING DAMAGES IN TORTS. The answer is an unequivocal ‘Yes’. Many commentators have argued that individuals do not (and should not) demand insurance for losses that do not lower their marginal utility of wealth. From this perspective, tort laws that provide victims […]

Ronen Avraham, ‘Estimating Pain and Suffering Damages – Paths are Many, Loss is One’

Abstract: Opponents of pain and suffering damages argue that, unlike pecuniary damages, pain and suffering damages are hard to quantify accurately. They argue that victims exaggerate their losses to receive higher damage awards, so that awarding pain and suffering damages may frustrate the function of tort law by compensating the victims too highly and arbitrarily. […]

Conference: Honour and Law: Catholic University of Leuven, 25-26 February 2015

The Catholic University of Leuven organizes a two-day conference at the occasion of the conferral of a doctorate honoris causa to Prof dr James Whitman (Yale Law School). Program: Day 1, 9.30, Welcome: Opening remarks and introduction by Prof Dr Matthias E Storme and Prof Dr Wim Decock (Law, KU Leuven). Introductory lecture by Prof […]

Marija Bartl, ‘Internal Market Rationality, Private Law and the Direction of the Union: Resuscitating the Market as the Object of the Political’

Abstract: This paper proposes a concept of ‘internal market rationality’ for the analysis of the political, legal and economic consequences of European integration. Internal market rationality refers to a specific pattern of political action in the field of internal market, which has emerged gradually due to the confluence of three main factors: first, the EU’s […]