Monthly Archives: August, 2015

Burrell and Kelly, ‘Parliamentary Rewards And The Evolution Of The Patent System’

Abstract: This article examines the impact on the patent system of rewards for innovation across the eighteenth and early nineteenth centuries. During this period, Parliament would regularly grant rewards to inventors, with many of these rewards being set out in legislation. This legislation provided Parliament with the opportunity to promote a model of state support […]

Guerra and Hlobil, ‘Tailoring Negligence Standards to Accident Records’

Abstract: Traditional economic models of accident law are static and assume homogeneous individuals under perfect information. This paper relaxes these assumptions and presents a dynamic unilateral accident model in which potential injurers differ in their probability of accident. Information about individual risk-type is hidden from the social planner and from each potential injurer. We ask […]

Just Published: Comparing Tort and Crime – Learning from across and within Legal Systems (Matthew Dyson ed)

The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the […]

Nancy Kim, ‘Wrap Contracting and the Online Environment: Causes and Cures’

Abstract: This chapter explores the origins of online contracts and the development of the law in this area. It summarizes and analyzes existing case law governing wrap contracts and makes several proposals. Kim, Nancy S, Wrap Contracting and the Online Environment: Causes and Cures (August 24, 2015). RESEARCH HANDBOOK ON ELECTRONIC COMMERCE LAW (ed John […]

Bant and Bryan, ‘Fact, Future and Fiction: Risk and Reasonable Reliance in Estoppel’

Abstract: This paper argues that a common theme underpins the doctrines of estoppel by representation and convention, promissory and proprietary estoppel. In each case, it is the law’s concern to respond appropriately to, and not to reward, undue risk-taking on the part of claimants in a non-contractual context. In doctrinal terms, this concern is mediated […]

Benjamin Farrand, ‘Lobbying and Lawmaking in the European Union: The Development of Copyright Law and the Rejection of the Anti-Counterfeiting Trade Agreement’

Abstract: The purpose of this article is to examine the issue of ‘lobbying’ in the EU legislative process, using an interdisciplinary analysis of the development of copyright laws as a way of explaining why and how some lobbyists are more successful than others in having their preferences taken into account in legislation. As this article […]

David Chavanne, ‘Thinking Like (Law-and-) Economists – Efficient Legal Rules and Moral Intuitions of Fairness’

Abstract: Using vignettes that are based on seminal cases in law and economics, I find that judicial decisions across different areas of the common law are considered to be fairer when they are more efficient. Vignettes describe legal disputes and require respondents to rate the fairness of a judge’s resolution. Fairness ratings are compared across […]

Jennifer Drobac, ‘The Myth of “Legal” Consent in a Consumer Culture’

Abstract: This Essay challenges the legal default of unquestioned human capacity for consent. It posits that legal capacity for consent is not an ‘on/off’ switch. It questions the notion that capacity – our rough filter for the ability to consent – flips on at some relatively arbitrary time that one might, as a matter of […]

‘Consumers Without Borders’ Conference, Maastricht, 25 September 2015

“In an ever-globalizing world, consumers are faced with fewer and fewer physical borders: whether this entails shopping online beyond their own national jurisdictions, or actually travelling from one jurisdiction to another in the era of low-cost flights and budget holidays. With more international consumers on the move – literally or in the virtual world – […]

‘A School’s Duty of Care to its Students: Munn v Hotchkiss School

“Having participated in intensive debates among tort scholars over the place of duty in negligence law, we were especially interested to see the Second Circuit’s recent decision in Munn v Hotchkiss School, No 14–2410–cv, 2015 WL 4604288 (2nd Cir Aug 3, 2015). (Thanks to the Volokh Conspiracy and How Appealing for bringing the case to […]