Monthly Archives: September, 2015

Call to apply for PhD/Early Career Scholars bursaries to attend/present in ESRC Medico-Legal Seminar series: ‘Liability v Innovation: Unpacking Key Connections 2015-2017’

“In medico-legal literature two related claims are common: that the threat of legal liability for medical mishaps causes defensive medicine, and that in particular it stifles innovation. Both claims are supported by anecdotal experience of researchers and clinicians. However, the extent of the problem within and outside the UK is disputed. Moreover, the Bolam-Bolitho test […]

Yonathan Arbel, ‘Contract Remedies in Action: Specific Performance’

Abstract: How is a right to specific performance of a contract used by parties? Despite longstanding scholarly interest in the topic, this question has been largely left unexplored. This Article presents a qualitative study of parties and attorneys involved in specific performance litigation. It investigates how parties choose between remedies, whether they negotiate after judgment […]

Call for Papers: 11th International Conference on Contracts (KCON XI), St Mary’s University School of Law, San Antonio, Texas, 26-27 February 2016

The St Mary’s University School of Law is pleased to host the International Conference on Contracts — a two-day conference designed to afford contracts scholars and teachers at all experience levels (including those preparing to enter the academy and those whose primary teaching appointment is not in a law school) an opportunity to present/demonstrate and […]

“‘Happy Birthday” Copyright Invalidated by Judge’

“A judge ruled on Tuesday that the long-claimed copyright on ‘Happy Birthday to You’, the most popular tune in the English language, is not valid. The decision, by Judge George H King of United States District Court in Los Angeles, is a blow to the music publisher Warner/Chappell and its parent company, the Warner Music […]

Alex B Long, ‘What Is Even More Troubling About the “Tortification” of Employment Discrimination Law’

Introduction: Earlier in my career, I viewed myself primarily as an employment law scholar. Over time, I have come to think of myself less as an employment law person and more of a Torts and Professional Responsibility person. There are lots of reasons for that, but one is that I simply became frustrated with discrimination […]

Just Published: Alemanno and Sibony (eds), Nudge and the Law – A European Perspective

Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide […]

Paul Goldstein, ‘The Americanization of Global Copyright Norms’

Paul Goldstein, Stella W and Ira S Lillick Professor of Law at Stanford Law School, delivers the Annual Frey Lecture in Intellectual Property, entitled ‘The Americanization of Global Copyright Norms’. A globally recognized expert on intellectual property law, Goldstein is the author of an influential four-volume treatise on US copyright law and a one-volume treatise […]

‘Private and Public Law Fundamentalisms’

“… Private law, at least as a category, has acquired a bad reputation in US American legal thought. The category private law is thus associated with a kind of fundamentalism, which insists that certain doctrinal constructions — most notably, contract, property, and tort, but also any number of others as whim or ideology have from […]

Klaus Ulrich Schmolke, ‘Contract Theory and the Economics of Contract Law’

Abstract: ‘Contract Theory and Economics of Contract Law’ is a chapter of the book Economic Methods for Lawyers, which is edited by Emanuel V Towfigh and Niels Petersen. This book provides an essential introduction to the economic tools, which can usefully be employed in legal reasoning. It is geared specifically towards those without a great […]

Conference: Contract, Status, and Fiduciary Law: McGill University Faculty of Law, 6-7 November 2015

On 6-7 November 2015, the Crépeau Centre for Private and Comparative Law and the Faculty of Law will host an international conference entitled Contract, Status, and Fiduciary Law. The conference is co-organized by Prof Paul B Miller (McGill University) and Prof Andrew S Gold (DePaul University). Conference papers will be published in a volume edited […]