Monthly Archives: March, 2015

Liechtenstein Trust Conference: University of Liechtenstein, 28 April 2015

The trust concept is currently experiencing a surge in popularity around the globe. It is now increasingly being used outside of its traditional environment, ie in a number of civil law jurisdictions. In order to keep pace with such demand, a number of countries have introduced new legislation and/or amendments to existing law. In the […]

Brian Frye, ‘IP as Metaphor’

Abstract: The constitutional justification for intellectual property is welfarist. In theory, it increases social welfare by solving market failures caused by free riding on innovation and transaction costs. But intellectual property rhetoric is metaphorical. Among other things, we compare intellectual property owners to farmers, infringers to pirates, and abusers to trolls. These metaphors obscure the […]

‘Clearing the Fog of Law: Saving our armed forces from defeat by judicial diktat’

Misguided human rights laws mean British troops operating in the heat of battle are now being held to the same standard as police officers patrolling the streets on a Saturday night in the West End, according to Clearing the Fog of Law. The report, authored by Professor Richard Ekins (University of Oxford), Dr Jonathan Morgan […]

Frenga, Schweitzera and McCrea, ‘Reversal of Fortune: When Does Increased Distance from an Initial Negligent Act Make One More Blameworthy?’

Abstract: Early investigations into the effect of distance between negligent acts and subsequent harm demonstrated a causal proximity bias in judgments of blame. Specifically, fewer mediating steps between a negligent act and subsequent harm resulted in more blameworthy defendants. However, we reasoned that sometimes extra steps in a causal chain could be viewed as additional […]

Seminar: Between a rock of uncertainty and a hard case: what Fairchild now means for negligence: Newcastle Law School, Friday 24 April 2015

On Friday 24th April, 15:30-17:30, Sarah Green will be discussing Chapter 6 of her most recent book, Causation in Negligence (Hart, 2014). Speaker: Sarah Green, Associate Professor of Law, Oxford University. Commentators: Professor Jenny Steele, York University and Professor William Lucy, Durham University. The discussion will be followed by dinner … (more) [Newcastle Law School, […]

Aditi Bagchi, ‘Other People’s Contracts’

Abstract: Contract law does not adequately account for the harms that we can inflict on third parties by joint agreement. Some terms are prohibited, and some third party interests are protected by independent causes of action. But a wide variety of legal interests may be burdened by other people’s contracts. This Article proposes that ambiguous […]

Isaac Buck, ‘Overtreatment and Informed Consent: A Fraud-Based Solution to Unwanted and Unnecessary Care’

Abstract: According to multiple accounts, the administration of American health care results in as much as $800 billion in wasted spending due largely to the provision of inefficient and unnecessary services. Beyond inflicting fiscal pain on the nation’s pocketbook, this waste has no clinical benefit — and often results in unnecessary hospital stays, cascading follow-up […]

Francois Du Bois, ‘Contractual Obligation and the Journey from Natural Law to Constitutional Law’

Abstract: The bold promise of the first foray by South Africa’s Constitutional Court into the field of contract law remains unfulfilled nearly seven years later. This paper takes issue with both the Supreme Court of Appeal’s reticent reaction to the CC decision in Barkhuizen v Napier and commentators’ criticism of the CC’s preference for indirect […]

Shauhin Talesh, ‘Why Marc Galanter’s “Haves” Article is One of the Most Influential Pieces of Legal Scholarship Ever Written’

Abstract: A few of the adjectives that I use when describing Marc Galanter’s article published in 1974, entitled Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change, include seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy. But do not take my word for it. Consider for a moment the article’s place […]

Claire Lim, ‘Media Influence on Courts: Evidence from Civil Case Adjudication’

Abstract: This paper quantitatively assesses media influence on civil case adjudication in US state courts. It shows that media influence substantially mitigates disparity in damage awards across political orientation of districts. That is, in areas with frequent newspaper coverage of courts, there is little difference in damage awards between conservative and liberal districts. In contrast, […]