Monthly Archives: January, 2016

Stefano Civitarese, ‘A European Convergence Towards a Stare Decisis Model?’

Abstract: The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some […]

Lee and Melamed, ‘Breaking the Vicious Cycle of Patent Damages’

Abstract: Patent law is implicitly, and sometimes explicitly, based upon a story of patent infringement in which technology users are presumed to be able to discover relevant patents in advance and either design around them or negotiate patent licenses before using the patented technology. That story does not hold true in many fields today, in […]

‘Should design rights protect things you can’t see?’

Although many EU IP lawyers are currently concentrating on the trade mark reforms, the Commission is quietly getting on with its study of the design protection system in Europe. The remit of the study is wide-ranging, but perhaps the most surprising issue that has arisen is whether design law in the EU should protect things […]

Karel Beran, ‘How Criminal Liability of Juristic Persons Depends on the Concept of Juristic Persons in Private Law’

Abstract: The purpose of this article is to show the reason why criminal liability of juristic persons depends on the definition of the concept of juristic persons in private law. For the juristic person to be capable of being liable for criminal acts, it should be devised as an independent entity that has a will […]

Thomas Simmons, ‘Testamentary Incapacity, Undue Influence and Insane Delusions’

Abstract: Testamentary incapacity, undue influence, and insane delusions are recurring doctrines in the context of an impaired, weakened, or confused individual leaving a will, the validity of which comes under question. In In re Estate of Berg (SD 2010), the South Dakota Supreme Court held that an individual possessed testamentary capacity even where he suffered […]

Just published: Guido Calabresi, The Future of Law and Economics: Essays in Reform and Recollection

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, ‘economic analysis of law’, examines the legal system in the light of economic theory and […]

Carroll and Odinet, ‘Gay Marriage and the Problem of Property’

Abstract: The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court’s ruling. In this Essay we explore the little discussed […]

Lachlan Urquhart, ‘Privacy and Freedom of the Press from 2004-2015: From Campbell to Leveson’

Abstract: This chapter documents the developments in the English law of breach of confidence since the seminal Campbell v MGN case in 2004. In particular, we document the growth of the new action of ‘misuse of private information’. We conduct a largely doctrinal analysis of the case law by consolidating the complex, fragmented domain of […]

Deborah Rook, ‘Who Gets Charlie? The Emergence of Pet Custody Disputes in Family Law: Adapting Theoretical Tools from Child Law’

Abstract: There is evidence to suggest that many owners see their pet as a family member. It is unsurprising then that family lawyers are being asked to advise on pet custody matters. Since pets are personal property, such disputes fall within divorce financial proceedings. An examination of reported cases in the USA and Israel show […]

Doug Rendleman, ‘The Triumph of Equity Revisited: The Stages of Equitable Discretion’

Introduction: … This article has two parts: it starts in part I with a summary of what we know as equitable discretion. Then, part II surveys decision points in litigation where equitable discretion arises. It concludes that, although the tension in process and ideology is eternal, the legal system’s general need for rules and standards […]