Monthly Archives: July, 2016

Samuel Bray, ‘A Student’s Guide to the Meanings of “Equity”’

“Equity is a slippery word, and hard to grasp. What makes it so slippery is its long history, and the many uses to which the word has been put. In legal usage, there are at least three different meanings for this word. One is the recognition of an exception to a general rule. This meaning […]

Donal Nolan, ‘Rights, Damage and Loss’

Abstract: This article is an exploration of the relationship between the concepts of rights, damage and loss. The focus of the analysis is on the law of negligence, though some of the claims have wider ramifications. The article is divided into three main sections: first, on the relationship between rights and damage; second, on the […]

Patrick Shaunessy, ‘A Matter of Choice: Rethinking Legal Formalism’s Account of Private Law Rights’

Abstract: Ernest Weinrib’s theory of legal formalism argues that there are two mutually irreducible forms of justice: distributive justice and corrective justice. Formalism views private law exclusively through the lens of corrective justice and frames the legal relationship between individuals in terms of correlative rights and duties. This article considers the rights (and duties) of […]

Chilenye Nwapi, ‘Tort Choice of Law and International Fundamental Norms: A Case Study of Canada and the United States’

Abstract: This article considers the tort choice of law rules in Canada and the United States – two highly internationalist societies with similar legal traditions but whose choice of law rules vary dramatically. The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies […]

Reza Beheshti, ‘Price reduction versus damages: a battle without a winner’

Abstract: Damages are considered the primary remedy in English sales law. This remedy has also been adopted in the Convention on Contracts for the International Sale of Goods. However, price reduction seems to be of a higher importance than damages in the latter legal regime, while the Sale of Goods Act (SGA) has excluded the […]

Francesco Delfini, ‘Instances of Civil Law in North American Common Law Tradition: Cause and Consideration in Quebec and Louisiana Civil Codes’

Abstract: A practical comparison between the two main legal system families can profit from some unique instances of civil law that lie in the vast North American continent. Reference is made to Quebec, for Canada, and Louisiana, for the US. Both locales are part of federal states ruled mainly by common law. The Canadian and […]

‘Of Firms and Fees’

Kathryn Judge, Intermediary Influence, 82 University of Chicago Law Review 573 (2015). Prominent economic theories rooted in the seminal work of Ronald Coase have long suggested that firms in a marketplace exist and work to reduce transaction costs, but the explanatory powers of these theories fail to reflect some of the realities of the modern […]

Fox and Stein, ‘Dualism and Doctrine’

Abstract: What kinds of harm among those that tortfeasors inflict are worthy of compensation? Which forms of self-incriminating evidence are privileged against government compulsion? What sorts of facts constitute a criminal defendant’s intent? Existing law pins the answer to all these questions on whether the injury, facts, or evidence at stake are ‘mental’ or ‘physical’. […]

Lyman Johnson, ‘Relating Fiduciary Duties to Corporate Personhood and Corporate Purpose’

Abstract: The subjects of corporate personhood, corporate purpose, and fiduciary duties are all central to corporate law discourse. But what is the relationship of each of these to the others? This chapter describes how corporate personhood, corporate purpose, and fiduciary duties are vitally and coherently connected. While longstanding debates about the theoretical nature of corporateness […]

Danielle Crinnion, ‘Get Your Own Street Cred: An Argument for Trademark Protection in Street Art’

Abstract: This note argues for the grant of trademark protection to street artists. The appropriation of street art by retailers is becoming increasingly commonplace, causing consumer confusion in the marketplace. As a result, street artists are bring intellectual property claims, including trademark infringement. There are many challenges a street art faces in bringing a successful […]