Monthly Archives: May, 2016

Michael Pappas, ‘A Right to Be Regulated?’

Abstract: Can property include a right to government regulation? An enormous amount rides on this question. Billions of dollars in transferable development rights, flood and landslide protections, patents, pollution credits, utility service areas, access roads, taxi medallions, and grazing permits: these are some of the valuable interests claimed as rights in regulation. Are they protected […]

Mathis and Burri, ‘Nudging in Swiss Contract Law? An Analysis of Non-mandatory Default Rules from a Legal, Economic and Behavioural Perspective’

Abstract: This essay discusses various interpretations of the function of non-mandatory contract law and the ensuing requirements with regard to formulating its content adequately. After some preliminary remarks on non-mandatory contract law (Sect. 8.1) initially two theories are introduced: Friedrich Carl von Savigny’s theory based on the autonomy of contracting parties and the theory of […]

‘AALS Property Law Section Call-for-Papers!’

“The AALS Property Law Section has two panels at the AALS Conference this year. If you would like to participate in either of these panels, please email a title and abstract of your proposed presentation to Ezra Rosser by June 1, 2016. The Property Section’s Executive Committee will select participants from the proposals received by […]

‘Exposing the underbelly of mass torts litigation’

“On Monday, Harris County Judge Jeff Shadwick of Houston agreed to stay most discovery in a Vietnamese seafood industry worker’s fraud and conspiracy case against two noted Texas plaintiffs’ lawyers, Robert Hilliard of Hilliard Munoz Gonzales and John Cracken of the Cracken Law Firm. That’s a shame. The worker, represented by the Tammy Tran Law […]

Edwards and Simester, ‘What’s Public About Crime?’

Abstract: It is often claimed that the fact that some wrongs are public is a fact that is important to our thinking about permissible criminalisation. We argue that it is not. Some say: what gives us reason to criminalise wrongs – when we have such a reason – is the fact that those wrongs are […]

Postdoctoral Research Fellowship: Comparative Unjust Enrichment: McGill University – Faculty of Law

The Paul-André Crépeau Centre for Private and Comparative Law intends to appoint a Postdoctoral Research Fellow with effect from August 2016 or other agreed date. The position is funded by an Insight Grant from the Social Sciences and Humanities Research Council of Canada. The principal investigator is Professor Lionel Smith, researcher at the Crépeau Centre, […]

Dasuni Wijayasriwardena, ‘Consent in Online Contracts – Mindless or Mindful?’

Abstract: In a day and age where consumers carry out more and more of their contractual transactions online, it must be queried as to whether they sacrifice their understanding of the contractual process in pursuit of the inherent advantages of speed and efficiency in online contracting. In other words, do consumers truly understand the terms […]

‘Tort Law in the Laboratory’

Theodore Eisenberg and Christoph Engel, Unpacking Negligence Liability: Experimentally Testing the Governance Effect, 13 Journal of Empirical Legal Studies 116 (2016), available at SSRN. Empirical study of the law is important, particularly for tort law. Fundamental components of the tort system are a ‘black box’, which largely explains why the field is riven by theoretical […]

Hayner and Weisbach, ‘Two Theories of Responsibility for Past Emissions of Carbon Dioxide’

Abstract: We consider the claim that individuals or nations who emitted carbon dioxide in the past should be held responsible for those emissions. We examine two theories of responsibility for past emissions that are often conflated: (i) that emissions in the past by individuals in one nation have wrongfully harmed, or will wrongfully harm, individuals […]

‘Smart Contracts: the Next Frontier?’

“Before email (we are reliably informed), contracts would be posted, received, marked-up, re-posted and disappear for days until arriving back covered in further manuscript in a different coloured pen. Nowadays, we live in the age of emails, attachments, and the ability to instantly share comments. Here we ask: are smart contracts poised to be the […]