Monthly Archives: May, 2016

Antonios Platsas, ‘The Idea of Legal Convergence and Electronic Law’

Abstract: The paper commences by expounding the leading thesis in the discipline of law: the law convergence thesis. Thereafter, against this background, the paper examines the diversification of electronic laws in the area of private law from a number of jurisdictions and regions by taking a macro-comparative approach. It seeks to question such diversification in […]

‘UNSW Law seeks expressions of interest from leading researchers in Private Law, Corporate and Commercial Law’

“UNSW Law is seeking expressions of interest from world class legal academics seeking employment at the level of Professor or Associate Professor. This forms part of a decade long University wide global recruitment drive that will build the research and teaching strengths of UNSW Law. Expressions of interest are sought from leading scholars in private […]

Nicola Lacey, ‘Responsibility without Consciousness’

Abstract: This paper addresses the relationship between responsibility and consciousness, in the light of both HLA Hart’s and subsequent philosophical analysis. First, is consciousness necessary to responsibility-attribution? If so, how demanding a requirement is this? And does it make sense to pose these questions in the abstract? Second, when we move from the realm of […]

DE Frydrychowski, ‘Late Nineteenth Century Common Law Intellectual Property and the Theatrical Productions of Parsifal and Our American Cousin

Abstract: Throughout the nineteenth century, the doctrine of limited-publication common-law copyright allowed American courts to protect works not eligible for the protections of the statutory scheme. This paper examines some of the leading cases of the time, including the litigation surrounding Our American Cousin and Parsifal. In closing, the paper suggests that the Metropolitan Opera’s […]

Brian Frye, ‘Against Creativity’

Abstract: According to the Supreme Court, copyright requires both independent creation and creativity. The independent creation requirement effectively provides that copyright cannot protect copies or abstract ideas. But the creativity requirement should be abandoned because it is both incoherent and inconsistent with the aesthetic nondiscrimination principle. The purpose of copyright is to promote the production […]

‘Terms and Conditions: You Agree to What You’ve Agreed To’

“Watching terms and conditions litigations continue to play out is an interesting exercise. One of the things we learn is that the terms and conditions mean what they say, which should be obvious, but of course ignores the fact that basically nobody reads what they say. Consumers seem to be consistently caught off-guard by some […]

Niamh Dunne, ‘Antitrust and the Making of European Tort Law’

Abstract: Efforts to develop a robust competition culture within the European Union, premised upon private enforcement of the EU competition rules, have gathered pace in recent years. This article examines the manner in which judicial innovation, coupled with legislative reinforcement, has rendered this area of primary importance in terms of the emergence of a distinct […]

Taisu Zhang, ‘Cultural Paradigms in Property Institutions’

Abstract: Do ‘cultural factors’ substantively influence the creation and evolution of property institutions? For the past several decades, few legal scholars have answered affirmatively. Those inclined towards a law and economics methodology tend to see property institutions as the outcome of self-interested and utilitarian bargaining, and therefore often question the analytical usefulness of ‘culture’. The […]

Stacy-Ann Elvy, ‘Contracting in the Age of the Internet of Things: Article 2 of the UCC and beyond’

Abstract: This Article analyzes the global phenomenon of the Internet of Things (‘IOT’) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT devices include Amazon’s Dash Replenishment Service, which allows household devices to automatically reorder goods. By 2025, the IOT is estimated to have an economic impact of […]

David Opderbeck, ‘Cybersecurity, Data Breaches, and the Economic Loss Doctrine in the Payment Card Industry’

Abstract: Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank […]