Monthly Archives: January, 2016

Cherednychenko and Reich, ‘The Constitutionalization of European Private Law: Gateways, Constraints, and Challenges’

Abstract: It seems to be undisputed today that the harmonization of private law in Europe cannot take place without taking fundamental rights into account. Yet many questions still exist as to how and to what extent EU and national private law can and should be influenced by fundamental rights enshrined in the EU Charter of […]

Allison Anna Tait, ‘Publicity Rules For Public Trusts’

Abstract: That museums are public trusts is a truism in academic discourse and industry discussion. What various commentators mean when they speak about museums as public trusts, however, is less clear. This Article untangles and analyzes the various meanings of ‘public trust’ and how these meanings translate into regulatory systems. I propose that two predominant […]

‘Property as a Vehicle of Inclusion to Promote Human Sociability’

Daniel B Kelly, The Right to Include, 63 Emory Law Journal 857 (2014), available at SSRN. Quite often, ‘private property’ brings with it characterizations of individualism, isolation, and exclusion along with images of fences, gates, locks, boundaries, and barriers. In fact, a ‘keep out’ sign has often been identified as a symbol for the essence […]

Jesus Osete, ‘Extending the “Slayer Rule” to Four-Legged Legatees’

Abstract: Should the equitable protections of the slayer rule apply to pet beneficiaries inheriting under state pet trust statutes? Osete, Jesus A, Extending the ‘Slayer Rule’ to Four-Legged Legatees (January 21, 2016).

‘Open Letter on Ethical Norms in Intellectual Property Scholarship’

Abstract: As scholars who write in intellectual property (‘IP’), we write this letter with aspirations of reaching the highest ethical norms possible for our field. In particular, we have noted an influx of large contributions from corporate and private actors who have an economic stake in ongoing policy debates in the field. Some dollars come […]

Victor Goldberg, ‘After the Golden Victory: Still Lost at Sea’

Abstract: In The Golden Victory the House of Lords held that when determining damages for a repudiatory breach, in a conflict between the compensatory principle and finality, the former trumped. The decision was recently ratified by the Supreme Court in Bunge SA v Nidera BV. The claim in this paper is that this was a […]

Kenneth Simons, ‘Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law’

Abstract: Anglo-American tort doctrine pays considerable attention to the conduct of the victim as well as the conduct of the injurer. Moreover, a symmetrical standard of care for victims and injurers is commonly invoked: just as injurers are liable for failure to use reasonable care, victims frequently have their compensation reduced insofar as they, too, […]

Jeffrey Gaba, ‘The Private Causes of Action Under CERCLA: Navigating the Intersection of Sections 107(a) and 113(f)’

Abstract: The Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) provides three distinct ‘private’ causes of action that allow parties to recover all or part of their cleanup costs from ‘potentially responsible parties’. Section 107(a)(1)(B) provides a ‘direct’ right of cost recovery. Sections 113(f)(1) and 113(f)(3)(B) provide a right of contribution following a CERCLA civil […]

‘Why Insurance Contracts Might be the Trick to Police Reform’

Joanna C Schwartz, How Governments Pay: Lawsuits, Budgets and Police Reform, UCLA Law Review (forthcoming 2016), available at SSRN. How do lawsuits deter misconduct? That is an issue that Professor Joanna Schwartz has written about before, and her latest article on the topic, How Governments Pay: Lawsuits, Budgets and Police Reform, could not be more […]

Paul Torremans, ‘The Road Towards the Harmonisation of Trade Secrets Law in the European Union’

Abstract: Trade secrets have traditionally been protected in various ways by national laws in the European Union. The international intellectual property treaties offered only a limited common core. From this starting point this article examines the new EU draft directive on trade secrets. The aim is not to put in place a comprehensive EU regime […]