Monthly Archives: August, 2015

Danielle Kie Hart, ‘In and Out – Contract Doctrines in Action’

Abstract: This Article was written to test a hypothesis, namely, that it is easy to get into a contract but very difficult to get out of one. After reviewing case law from the Seventh and Ninth Circuits, contract law in action suggests that reality may be slightly different from theory. That is, the data from […]

Jessie Allen, ‘Empirical Doctrine’

Abstract: We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet, discussions of empirical studies of judicial behavior sometimes conflate judges’ attention legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing […]

Frederik Zuiderveen Borgesius, ‘Online Price Discrimination and Data Protection Law’

Abstract: Online shops can offer each website customer a different price – a practice called first degree price discrimination, or personalised pricing. An online shop can recognise a customer, for instance through a cookie, and categorise the customer as a rich or a poor person. The shop could, for instance, charge rich people higher prices. […]

Henry, Larkin and Pike, ‘Just Compensation: A No-Fault Proposal for Research-Related Injuries’

Abstract: Biomedical research, no matter how well designed and ethically conducted, carries uncertainties and exposes participants to risk of injury. Research injuries can range from the relatively minor to those that result in hospitalization, permanent disability, or even death. Participants might also suffer a range of economic harms related to their injuries. Unlike the vast […]

Hilary Young, ‘Public Institutions as Defamation Plaintiffs’

Abstract: It is reasonably well settled in Canadian common law that governments cannot bring defamation actions against citizens. That said, uncertainty remains about the scope of the rule (ie, what counts as government for the purposes of the rule) because of a lack of case law, and because cases rely on different rationales, including the […]

Just published: Disgorgement of Profits: Gain-Based Remedies throughout the World (Hondius and Janssen, eds)

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake […]

Mark Aronson, ‘Misfeasance in Public Office: Some Unfinished Business’

Abstract: Misfeasance in public office is a unique tort. Only public officers can commit it, and only when they are abusing the public power or position. It requires malice in at least one individual within a department or public body, and it is not enough to prove gross incompetence, neglect, or breach of duty. Damage […]

Edward Lee, ‘The Right to Be Forgotten v. Free Speech’

Abstract: The EU right to be forgotten is a new privacy right that has sparked great controversy around the world. As more countries consider adopting such a right, the controversy will only intensify. This Essay is intended to map the various alternatives countries and search engines have in reconciling the potential conflict between the RTBF […]

Just published: Barker, Grantham and Swain, ‘Law of Misstatements – 50 Years on from Hedley Byrne v Heller

2013 was the 50th anniversary of the House of Lords’ landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications […]

Nicola Brutti, ‘Legal Narratives and Compensation Trends in Tort Law: The Case of Public Apology’

Abstract: The metanarrations about legal concern reached an increasing role in criticizing overcompensation cases. Litigation-adversarial system is perceived as too expensive for private and public finances. Someone underlined that emphasis on communication and voluntariness renders mediation more likely to resolve disputes. Today public apology is playing a positive role in policies centered on alternative informal […]