Monthly Archives: February, 2016

Greenfield, Karstens, Osborn and Rossouw, ‘Reconceptualising the Standard of Care in Sport: The Case of Youth Rugby in England and South Africa’

Abstract: Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby is regulated by the tort of negligence in England and delict in South Africa respectively. Regarding liability, for sport […]

Laubscher and van Vollenhoven, ‘Cyberbullying: Should Schools Choose between Safety and Privacy?’

Abstract: In this theoretical article, we explore the tangled messiness of the application of human rights versus the 21st-century monster called ‘cyberbullying’ in schools and focus on some of the challenges schools face daily. The research will reveal that cyberbullying victims were almost twice as likely to attempt suicide as youth who had not experienced […]

Helen Norton, ‘Truth and Lies in the Workplace: Employer Speech and the First Amendment’

Abstract: Employers’ lies, misrepresentations, and nondisclosures about workers’ legal rights and other working conditions can skew and sometimes even coerce workers’ important life decisions as well as frustrate key workplace protections. Federal, state, and local governments have long sought to address these substantial harms by prohibiting employers from misrepresenting workers’ rights or other working conditions […]

Erin O’Hara O’Connor, ‘The role of the CISG in promoting healthy jurisdictional competition for contract law’

Abstract: How should the law respond to the challenges of cross-border trade? Should it seek harmonization, so that all contracting parties can structure their transactions with reference to the same legal principles? Should it seek to promote legal pluralism, so that the outcome of legal disputes will best accommodate the needs and expectations of the […]

Eric Feldman, ‘Compensating the Victims of Japan’s 3-11 Fukushima Disaster’

Abstract: Japan’s March 2011 triple disaster — first a large earthquake, followed by a massive tsunami and a nuclear meltdown — caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of […]

‘Smith on Newman on Bailments’

“Chris Newman has a new draft paper on SSRN on bailments (‘Bailment and the Property/Contract Interface’). The paper is provocative (yes, that is possible in a paper on bailments!) and deeply insightful. Newman argues that much of the confusion about bailment contracts, and especially strict liability for deviation from such contracts, stems from a lack […]

Paul Mahoney, ‘Adam Smith, Prophet of Law & Economics’

Abstract: Adam Smith is not normally identified as an important figure in law and economics. However, his Lectures on Jurisprudence contain a surprising number of insights that would be repeated by law and economics scholars of the late twentieth century. This essay argues for Smith’s place in law and economics, identifying some of his most […]

Katharina Isabel Schmidt, ‘Law, Modernity, Crisis: German Free Lawyers, American Legal Realists, and the Transatlantic Turn to “Life”, 1903–1933’

Abstract: Scholars have long recognized American jurists’ idiosyncratic commitment to a prudent, pragmatic, and political style of legal reasoning. The origins of this style have been linked to the legacy of the most American legal movement of all: the realists. Conversely, German jurists’ doctrinal, idealistic, and apolitical approach can be tied to the relative failure […]

‘Enforceability of Predispute Arbitration Provisions’

Mary F Radford, Predispute Arbitration Agreements Between Trustees and Financial Services Institutions: Are Beneficiaries Bound?, 40 ACTEC Law Journal 273 (2014). Disputes are a persistent reality of trust law and even the most meticulously-drafted and expertly-administered trust can be embroiled in litigation, often involving trust investments. In an effort to avoid litigation, many investment advisors […]

Katherine Sheriff, ‘Defining Autonomy in the Context of Tort Liability: Is Machine Learning Indicative of Robotic Responsibility?’

Abstract: Traditional tort law benefits consumers by holding accountable parties responsible for injury, encouraging greater care in manufacture, and, ultimately, making injured victims whole. Whether traditional notions of legal responsibility comport with the advent of Artificial Intelligence is the sweetheart of academic research. However, less attention is given to the increasingly limited role traditional notions […]