Monthly Archives: June, 2015

Tanya Aplin, ‘Right to Property and Trade Secrets’

Abstract: Trade secrets are valuable assets that are often used in tandem with intellectual property rights such as patents, trade marks, designs and copyright. While Strasbourg has shown a willingness to find that trade marks, patents and copyright fall within Article 1 Protocol 1 of the ECHR and thus that their protection is a type […]

‘Online Symposium: Ertman’s Love’s Promises, How Formal and Informal Contracts Shape All Kinds of Families

“It’s an honor to introduce Professor Martha Ertman and the participants in our online symposium on Love’s Promises: How Formal and Informal Contracts Shape All Kinds of Families (Beacon Press). This week, we will be discussing Ertman’s important book, which tells the compelling story of how contracts shape and sustain families …” (more) [Danielle Citron, […]

Jeffrey Abramson, ‘Searching for Reputation: Reconciling Free Speech and the “Right to Be Forgotten”’

Abstract: This draft of a forthcoming article offers a comprehensive assessment of the tension between First Amendment law and the European Court of Justice’s decision in 2014 granting individuals the right to have search engines ‘forget’ certain personal information about them. While critical of the shortcomings of the ECJ decision, I argue that it correctly […]

William Whitford, ‘Jean Braucher’s Contracts World View’

Abstract: Drawing from 14 contracts articles by the late Professor Jean Braucher (which are listed in the Appendix), I restate the structure of her thought about contract law. Subheadings in the article are: (1) The Law in Action; (2) Contracts are Relational, and Doctrinal Law is Marginal; (3) The Social Significance of Contract Doctrine is […]

Sarah Worthington, ‘Common Law Values: The Role of Party Autonomy in Private Law’

Abstract: This chapter examines the importance of party autonomy in commercial contracts. The focus is on four areas: implied terms, exclusion clauses, termination clauses and penalties. With little regard to the logic of the end result, the law clearly supports the social value of parties’ freedom to bargain in all four areas other than the […]

Conference: Law of Obligations Surrounded by Other Normative Systems: Annual International Conference on Comparative Law, Warsaw, 6-7 November 2015

“Subject areas: 1. Morality, customs, praxeology and the content of an obligation. 2. Agreements which are not contracts, relevant to the law of obligations. 3. Obligations of the creditor: are they just correlates of the obligations of the debtor, or do they constitute a functionally separate category? 4. The history of the relationship of contract […]

Call for Papers: ‘Intellectual Property in International and European Law’

“Utrecht Journal of International and European Law is issuing a Call for Papers for its upcoming Special Issue (82nd edition) on ‘Intellectual Property in International and European Law’ … The Board of Editors invites submissions addressing legal issues relating to intellectual property law from an international or European law perspective. Topics may include, but are […]

Frederic Kirgis, ‘Disentangling Choice of Law for Torts and Contracts’

Abstract: In a federal system with state lines that are easily crossed physically and electronically, legal disputes often raise choice-of-law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial […]

Wilkinson-Ryan and Hoffman, ‘The Common Sense of Contract Formation’

Abstract: What parties know and think they know about contract law affects their obligations under the law and their intuitive obligations toward one another. Drawing on a series of new experimental questionnaire studies, this Article makes two contributions. First, it lays out what information and beliefs ordinary individuals have about how to form contracts with […]

Alan Schwartz, ‘Regulating for Rationality’

Abstract: Traditional consumer protection law employs various disclosure requirements to respond to market imperfections that result when consumers are misinformed or unsophisticated. This regulation assumes that consumers can rationally act on the information that disclosure seeks to produce. Experimental results in psychology and behavioral economics question this rationality premise. The numerous reasoning defects consumers exhibit […]