Monthly Archives: February, 2016

Julia Lee, ‘Trust and Social Commerce’

Abstract: Internet commerce has transformed the marketing of goods and services. The separation between point of sale and seller, and the presence of geographically dispersed sellers who do not engage in repeated transactions with the same customers challenge traditional mechanisms for building the trust required for commercial exchanges. In this changing environment, legal rules and […]

Peter Menell, ‘Property, Intellectual Property, and Social Justice: Mapping the Frontier’

Abstract: Professor Joseph Singer’s property scholarship explores the human, cultural, social, and distributive dimensions of property law. Using his body of work as a springboard, this article explores the cross-currents flowing between intellectual property and social justice. Part I examines the limitations of tangible property theory as a frame for understanding intellectual property policy. Part […]

Gregory Klass, ‘The Rules of the Game and the Morality of Efficient Breach’

Abstract: Moralists have long criticized the theory of efficient breach for its advocacy of promise breaking. But a fully developed theory of efficient breach has an internal morality of its own. It argues that sophisticated parties contract for efficient breach, which in the long run maximizes everyone’s welfare. And the theory marks some breaches — […]

‘The Man, The Torts Legend’

Christopher Robinette, The Prosser Letters: 1919-1948, 101 Iowa Law Review (forthcoming 2016), available at SSRN; Kenneth S Abraham and G Edward White, Prosser and His Influence, 6 Journal of Tort Law 27 (2015), available at SSRN. United States courts cited Dean Prosser’s hornbook on Torts more than 200 times over the course of 2015. In […]

van der Walt and Viljoen, ‘The Constitutional Mandate for Social Welfare – Systemic Differences and Links between Property, Land Rights and Housing Rights’

Abstract: Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights and housing rights. Our argument is shaped by the fact that these three sets of rights are recognised and protected separately […]

Antoon De Baets, ‘A historian’s view on the right to be forgotten’

Abstract: This essay explores the consequences for historians of the ‘right to be forgotten’, a new concept proposed by the European Commission in 2012. I first explain that the right to be forgotten is a radical variant of the right to privacy and clarify the consequences of the concept for the historical study of public […]

Bartolini and Siry, ‘The right to be forgotten in the light of the consent of the data subject’

Abstract: Recently, the Court of Justice of the European Union issued decision C-131/12, which was considered a major breakthrough in Internet data protection. The general public welcomed this decision as an actualization of the controversial ‘right to be forgotten’, which was introduced in the initial draft for a new regulation on data protection and repeatedly […]

Rhys Bollen, ‘The Legal Status of Online Currencies – Are Bitcoins the Future?’

Abstract: Bitcoin has been described as a decentralised virtual currency. Virtual currencies, such as bitcoins, are a form of money and a payment system. However, being a decentralised system, there is no central issuer, authority or register-keeper. Bitcoin is unique, not because it is a virtual currency, but because it is proof of concept of […]

‘Yale Law School’s Seminar in Private Law: Global Public Health Cooperation and Conflict’

“This week’s session of the Seminar in Private Law at Yale Law School took up transnational cooperation to combat influenza. Professor Amy Kapczynski spoke together with Dr Nancy Cox, former Chief of the CDC’s influenza division who was responsible for its cooperation with a global network, operating under the auspices of the WHO, of national […]

AJ Verheija, ‘The right to be forgotten – a Dutch perspective’

Abstract: This paper will be investigate to what extent the right to be forgotten as proposed by the European Commission is already recognized in Dutch tort law. The focus of this paper will be on the existence and the desirability of such a right and not on questions of enforcement. It is submitted that although […]