Monthly Archives: August, 2015

Cristina Carmody Tilley, ‘Tort, Speech, and the Dubious Alchemy of State Action’

Abstract: Plaintiffs have historically used private law torts like defamation, privacy, and intentional infliction of emotional distress to vindicate their dignitary interests. But fifty years ago in New York Times v Sullivan, the Supreme Court took an unprecedented approach to state action doctrine in order to recast these causes of action as public-private law hybrids […]

Lionel Smith, ‘Loyalty and Politics: From Case Law to Statute Law’

Abstract: Holders of public office, whether elected or not, exercise a range of legal powers, and it would seem to go without saying that they should do so in the public interest. There have always been opportunities to misuse such powers and, what is a separate but overlapping problem, to extract personal gain. These are […]

Lloyd Cohen, ‘Becker, Coase, Tullock and Manne: A Personal Tribute’

Abstract: I recall a scene in television dramatization of the discovery of the double helix structure of DNA in which the James Watson character is showing Rosalind Franklin the tinker toy model that he and Francis Crick have constructed. As he tries to explain it to her, she shushes him and says something to the […]

‘Tort Damages and Discrimination’

“Tony Sebok’s post on tort damages and discrimination presents a fascinating problem that I’ve often used as a basis for discussion in my torts classes. If race (or some other feature likely to be discriminated against) is taken into account in an attempt to predict the future earnings of a tort victim, then damages awards […]

Sjef van Erp, ‘Fluidity of Ownership and the Tragedy of Hierarchy. A Sign of a Revolutionary Evolution?’

Abstract: If civil lawyers remain thinking within the existing inherited paradigm of one uniform primary right (buttressed by the numerus clausus and transparency principles) and a strict hierarchy between this primary right, secondary (and tertiary) rights, property law will alienate itself from the existing reality. That reality shows changes caused by far reaching, socio-economic and […]

Alfred Brophy, ‘Re-Integrating Spaces: The Possibilities of Common Law Property’

Abstract: ‘Re-Integrating Spaces’ is part of a symposium on progressive property held at Savannah Law School as part of the re-dedication of their building, which was constructed in the early nineteenth century and used as a hospital for much of its existence. The essay uses the building’s long history as a guide for exploring the […]

Robin West, ‘Gatsby and Tort’

Abstract: The Great Gatsby is filled with potential tort claims, from drunken or reckless driving to assault and battery. In a pivotal passage Nick Carraway, the narrator of The Great Gatsby, judges Daisy and Tom as ‘careless people’, who ‘destroy creatures and leave others to clean up the mess’. The carelessness, negligence, and recklessness portrayed […]

Hudson and Sloan, ‘Testamentary Freedom: Mutual Wills Might Let You Down’

Abstract: This chapter considers the potential impact of mutual wills in the increasingly important context of informal care, using Dr Sloan’s previous work on informal carers in private law as its backdrop. It begins by outlining the mutual wills doctrine focusing on English Law, before evaluating the limitations that mutual wills might place on a […]

James Stern, ‘Mutual Exclusivity and the Nature of Property’

Abstract: Property has long been understood to center on ‘exclusive’ rights, but the nature of exclusivity in property law is poorly understood. This article shows that property is governed by a general principle of mutual exclusivity, which differs significantly from the various ways in which property theorists have described property’s exclusive nature. The mutual exclusivity […]

Baker and Choi, ‘Contract’s Role in Relational Contract’

Abstract: What role do contracts play in long-term relationships? Very little, if any, according to the relational contract literature. It is not the contract that induces promise keeping but the imposition of (or threat of imposing) relational or informal sanctions, such as suspension or termination of trade. Yet, in reality, parties in long-term relationships write […]