Monthly Archives: October, 2015

Shiyuan Han, ‘Culpa in Contrahendo in Chinese Contract Law’

Abstract: The principle of culpa in contrahendo has had a major influence on legal systems worldwide since it was developed by Rudolph von Jhering 153 years ago. In the People’s Republic of China, culpa in contrahendo was first introduced as a result of theory reception. The former Economic Contract Law (1981) and the General Principles […]

Pribetic and Randazza, ‘ “War of the Words”: Differing Canadian and American Approaches to Internet Defamation’

Abstract: This article provides a comparative analysis of differing approaches to Canadian and American internet defamation law. It begins with a discussion of the elements of a cause of action and available defences. It then canvasses jurisdiction and choice of law issues. Following a review of notice requirements and limitation periods, it provides the mechanics […]

Niamh Dunne, ‘Antitrust and the Making of European Tort Law’

Abstract: Efforts to develop a robust competition culture within the European Union, premised upon private enforcement of the EU competition rules, have gathered pace in recent years. This article examines the manner in which judicial innovation, coupled with legislative reinforcement, has rendered this area of primary importance in terms of the emergence of a distinct […]

‘Injecting Class into Trusts and Estates’

Naomi Cahn and Amy Ziettlow, ‘Making Things Fair’: An Empirical Study of How People Approach the Wealth Transmission System, 22 Elder Law Jounral 325 (2015). Trusts and estates scholarship typically focuses on the rich. This is not surprising, as the field primarily concerns itself with wealth transmission, and the wealthy are the ones who have […]

Katherine Sheriff, ‘Professional Liability after Quantum Leaps in Technology: The Advent of Autonomous Vehicles and Technology’s Uncertain Fit within Existing Tort Law’

Abstract: The clash between ‘technocratic regulatory aspirations and the legal culture’ that pervades the technology industry has been the locus of political debate, the darling of scholarly intrigue, and the thorn in industry’s side since before the release of Henry Ford’s Model-T. This paper embraces the idea that the ‘clash’ is not necessarily a problem […]

‘How to Get Away with Negligence’

Robin L West, Gatsby and Tort, in American Guy: Masculinity In American Law And Literature 86 (Saul Levmore and Martha C Nussbaum ed, 2014), available at SSRN. In Gatsby and Tort, Robin West engagingly argues that Fitzgerald’s famous novel highlights serious shortcomings of tort law as it has been traditionally understood, and of modern efforts […]

BJ Ard, ‘The Limits of Industry-Specific Privacy Law’

Introduction: … This essay argues that the distinct features of online commerce not only challenge discrete industry-specific laws, but also expose more fundamental difficulties for the industry-specific approach. The piecemeal enactment of laws regulating specific industries may have been effective in a time when lawmakers could identify all the industries involved in a particular data-collection […]

Mark Leeming, ‘Equity: Ageless in the Age of Statutes’

Abstract: Current legal writing is replete with references to the ‘Age of Statutes’ – for the most part invoking a very different meaning from that intended by Professor Guido Calabresi’s book A Common Law for the Age of Statutes. Identifying what Calabresi was responding to, and what most current writing is responding to, reveals a […]

‘Reinvigorating the Public-Private Law Divide: A Hohfeldian Construction of the State’

“In a previous NPL post, I drew upon the work of Wesley Hohfeld to counter two major arguments often levied against the public-private law distinction. To do so, I implicitly assumed that a third major criticism — namely, that ‘the State’ is a vague and ambiguous concept — was wanting. Here, I squarely address this […]

Grajzl and Zajc, ‘Litigation and the Timing of Settlement: Evidence from Commercial Disputes’

Abstract: Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using […]