Monthly Archives: April, 2015

‘Restructuring Family Law’

Clare Huntington, Failure to Flourish: How Law Undermines Family Relationships (2014). Why does our current family law system so frequently fail children, and how can we fix it? These are the central questions asked by many family law scholars. Often, the proposed solution is a substantive one. Many scholars, for instance, have advocated altering the […]

Call for Papers: Female Perspectives in Commercial and Consumer Law at AALS

The AALS Section on Commercial and Related Consumer Law is pleased to announce a Call for Papers for its program co-sponsored by the Section on Women in Legal Education during the AALS 2016 Annual Meeting. The papers from the program will be published in the Columbia Journal of Gender and Law … (more) [Legal Theory […]

Nicolette Priaulx, ‘Injuries That Matter: Manufacturing Damage in Negligence’

Abstract: This paper questions the extent to which the concept of damage within the English law of negligence reflects our human experience of personal harm. My interest is in the essential nature of the damage concept, in particular, whether it can be assessed as being driven by normative concerns, or simply a device driven by […]

Eugenio Battesini, ‘Comparison of Tort Law Systems from the Perspective of Economic Efficiency: Brazilian Civil Code, Principles of European Law and Restatements of the Law’

Abstract: Is it possible to compare tort law systems from the perspective of economic efficiency? The paper demonstrates that it is possible. Using the theoretical foundations of economic analysis of law and the comparative methodology developed by La Porta, Lopez-de-Silanes, Shleifer and Vishny, the article compares the Brazilian Civil Code of 2002 vis a vis […]

Eveline Ramaekers, ‘What is Property Law?’

Abstract: This article addresses a core question in property theory, namely ‘What is property law?’. This question does not yet seem to have received the attention in academic discourse that it deserves, so by tackling this question the article aims to make a contribution to this aspect of the academic debate on property theory. The […]

David Winterton, ‘Contract Theory and Gain-Based Recovery: A Review of Katy Barnett, Accounting for Profit for Breach of Contract: Theory and Practice

Abstract: In Accounting for Profit for Breach of Contract: Theory and Practice, Dr Barnett attempts to explore systematically the circumstances in which such gain-based relief for breach of contract both is and should be available. Rather than focussing on the book’s strengths, this article seeks to examine two important theoretical questions raised by her account. […]

Stefanie Carsley, ‘Tort’s Response to Surrogate Motherhood: Providing Surrogates with a Remedy for Breached Agreements’

Abstract: Although Canadian law has evolved over the past two decades in attempt to respond to surrogacy arrangements and their perceived risks and benefits, current laws only envisage situations in which a child who is born via surrogacy is desired by the intending parents – and possibly by the surrogate mother. Canadian law does not […]

Seminar: Coherence in Private Law, Trinity College Dublin, 24 April 2015

The Private Law Discussion Group at Trinity College Dublin is holding a day-long round-table seminar on Coherence in Private Law on Friday 24 April. We will explore the place of coherence in the common law from different angles and perspectives, considering both broad theoretical approaches and specific issues that arise within and between branches of […]

Becher and Zarsky, ‘Online Consumer Contracts: No One Reads, But Does Anyone Care?’

Abstract: Electronic and virtual commerce is growing in size and scope. People are entering – without reading – into a greater number of contracts, which are becoming longer over time. Yet the volume, complexity and innovative nature of the electronic transactions render close inspection by courts an unattractive option. Regulators as well will have a […]

Mandel, Fast and Olson, ‘Intellectual Property Law’s Plagiarism Fallacy’

Abstract: Intellectual property law is caught in a widespread debate over whether it should serve incentive or natural rights objectives, and what the best means for achieving those ends are. This article reports a series of experiments revealing that these debates are actually orthogonal to how most users and many creators understand intellectual property law. […]