Monthly Archives: October, 2015

Lerner and Rabello, ‘A Civil Code for a Mixed Jurisdiction: Some Remarks About the Israeli Approach to Codification’

Abstract: The aim of this Article is to examine the reception of foreign ideas in Israel within civil codification. The Draft of the Civil Code provides an opportunity to ask and answer seminal questions linked to the transplant theory and the manner in which foreign ideas are received and re-elaborated in a new legal jurisdiction. […]

‘Is it Fair to Sell Your Soul?’

Marco Loos and Joasia Luzak, Wanted: A Bigger Stick. On Unfair Terms in Consumer Contracts with Online Service Providers (Centre for the Study of European Contract Law, Working Paper No 2015-01, 2015), available at SSRN. The reliance of online service providers on lengthy terms of service or related documents is easily mocked. When I teach […]

Call for Papers: ‘(Dis)Locating Comparative Law’: Irish Society of Comparative Law Annual Conference, 23-24 May 2016, Galway

“In an increasingly interconnected world, where geographies of protection are premised on the centrality of national territory and state sovereignty, the importance of being cognisant of the concept of location/geography/space/place in the comparative law arena, cannot be underestimated. Does comparative law continue to contrast the laws of states, or is there now, a new focus? […]

Upcoming conference: Recent Developments in Art and Cultural Property Law: London, 28 November 2015

“We are happy to announce an upcoming one-day conference to be held in London on 28th November 2015 entitled Recent Developments in Art and Cultural Property Law. The conference will cover a number of new and exciting legal trends in the area involving: the new sentencing guidelines for heritage crimes; the new Museums Association Code […]

James Hackney, ‘Judge Jack Weinstein and the Construction of Tort Law in America: An Intellectual History’

Abstract: This Article explores the intersection between the judicial and scholarly work of Judge Jack Weinstein, particularly as related to mass tort litigation and the development of legal theory and tort law in America. The primary focus will be on Judge Weinstein’s handling of the Agent Orange litigation. Judge Weinstein’s tenure on the federal bench […]

Tamas Dezso Ziegler, ‘The Myths We Built Around EU Consumer Law’

Abstract: EU consumer law is an area that has gone down its own, independent path for several decades. It has its own approach, separate institutions and autonomous principles. Several of its basic ‘values’ were not previously present in the legal systems of the Member States, or, if they did exist, they did so in divergent […]

Grey and Marchant, ‘Biomarkers, Concussions and the Duty of Care’

Abstract: The United States is currently facing a ‘concussion epidemic’. Concussions, also known as mild traumatic brain injuries, have increased in numerous settings, including transportation accidents, military combat, workplace injuries, domestic abuse, falls, and sports. The epidemic imposes huge costs on society. At the same time, our understanding of the injury remains limited. Currently, no […]

Aditi Bagchi, ‘Contract as Procedural Justice’

Abstract: The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the […]

Dario Laguado, ‘Transplanting Contractual Terms: The Influence of the Common Law in the Civil Law of Contracts, a view from the Periphery’

Abstract: This paper suggests a model of contractual innovation that takes into account the bottom-up transplant of legal devices from the core to the periphery. This model properly weighs the tension and differences between places of production and places of reception and the process of misreading that goes along with the transplant. It serves to […]

Larissa Katz, ‘Property’s Sovereignty’

Abstract: This paper shows how property rights might be fundamental to the very nature of our legal order while admitting that the modern realities of taxation, regulation, and expropriation are not attacks on property rights as such. By distinguishing between a principle of sovereignty, which I argue constitutes the core authority of owners, and a […]