Monthly Archives: March, 2016

Ned Snow, ‘Content-Based Copyright Denial’

Abstract: No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article […]

Kritika Vidyarthi, ‘Victimless Torts in India’

Abstract: Victimless Torts is an emerging branch of tort law that has not yet received enough recognition in India. This paper explores the nuances of the same. Vidyarthi, Kritika, Victimless Torts in India (March 27, 2016).

Victor Goldberg, ‘Reckoning Contract Damages: Valuation of the Contract as an Asset’

Abstract: When a contract is breached the law in most jurisdictions provides some version of the aphorism that the non-breaching party should be made whole. Application of the aphorism has proven problematic, particularly for anticipatory repudiations. This paper argues for a general principle that should guide application — the contract is an asset and the […]

Matthew McCaffrey, ‘The Morals of Moral Hazard: A Contracts Approach’

Abstract: Although moral hazard is a well-known economic concept, there is a long-standing controversy over its moral implications. The language economists use to describe moral hazard is often value-laden, and implies moral judgments about the persons or actions of economic agents. This in turn leads some to question whether it is actually a scientific concept, […]

Koops, Newell, Timan, Škorvánek, Chokrevski and Galič, ‘A Typology of Privacy’

Abstract: Despite the difficulty of capturing the nature and boundaries of privacy, it is important to conceptualize it. Some scholars develop unitary theories of privacy in the form of a unified conceptual core; others offer classifications of privacy that make meaningful distinctions between different types of privacy. We argue that the latter approach is underdeveloped […]

Ned Snow, ‘Free Speech and Disparaging Trademarks’

Abstract: Speech law has silenced trademark. A few months ago, the Federal Circuit ruled that the First Amendment requires Congress to grant trademark protection for disparaging speech. The ruling overturns decades of precedent that upholds the constitutionality of the anti-disparagement provision in the Federal Lanham Act. But the ruling does not end the debate. The […]

Ugljesa Grusic, ‘Contractual Networks in European Private International Law’

Abstract: This article examines private international law issues raised by transnational contractual networks. The focus is on choice-of-law questions that arise in the context of 1) relations between network members who are contractually bound to one another, 2) relations between network members not connected directly by bonds of contract, and 3) relations between the network […]

Wian Erlank, ‘Introduction to Virtual Property: Lex Virtualis Ipsa Loquitur’

Abstract: This article serves as an introduction to the concept of virtual property and also to very briefly note the relevance of virtual property in modern society. A universally accepted definition of virtual property is hard to come by, but the paper will aim to provide some clarity on the issue. Virtual property is still […]

Wian Erlank, ‘Rethinking Terra Nullius and Property Law in Space’

Abstract: With a new era dawning with regard to access to space and an increase in the number of nations capable of reaching and exploiting space, the field of space law as a whole needs to be re-evaluated. One such area where current legal thinking needs to be examined is with regard to the property […]

Zhao and Bonnici, ‘Protecting EU citizens’ personal data in china: a reality or a fantasy?’

Abstract: With the rise of China’s economy and the fast globalization of China’s IT industry, an increasing number of EU citizens’ personal data are collected and processed on Chinese territory. This article aims to discuss to what extent EU citizens’ personal data can be protected under the Chinese and EU data protection frameworks, what are […]