Monthly Archives: July, 2016

Rebecca Tushnet, ‘What’s the Harm of Trademark Infringement?’

Abstract: Over the course of the twentieth century, judges came to accept trademark owners’ arguments that any kind of consumer confusion over their relationship to some other producer caused them actionable harm. Changes in the law of remedies, however, have recently led some courts to question these harm stories. This Article argues for even more […]

Paul Babie, ‘Magna Carta And The Forest Charter: Two Stories Of Property What Will You Be Doing In 2017?’

Introduction: “In this octocentenary year of Magna Carta, the title of this Article might seem odd. Why ask about our plans for 2017? Baroness Miller of Chilthorne Domer posed the same question to the government of the United Kingdom in the House of Lords on June 4, 2015: ‘To ask Her Majesty’s Government whether they […]

Obligations IX, Melbourne Law School, 17-20 July 2018

Obligations IX will be held at Melbourne Law School from 17-20 July 2018. It will address the theme ‘Form and Substance in the Law of Obligations’. A call for papers will be issued in early 2017. Obligations X will be held at Harvard Law School in 2020 (more).

Call for Papers: Italian Society of Law and Economics, 12th annual conference, Torino, 16-17 December 2016

The Italian Society of Law and Economics (ISLE – SIDE) welcomes submissions of papers on any topic regarding the Economic Analysis of Law for its 12th annual conference to be held in Torino (Italy) on December 16-17, 2016, at Campus Luigi Einaudi of University of Turin, hosted by the IEL International program in Institutions, Economics […]

Elizabeth Chika Tippett, ‘Using Contract Terms to Detect Underlying Litigation Risk: An Initial Proof of Concept’

Abstract: This preliminary study examines whether the presence or absence of certain terms in a company’s form contracts can reveal its level of litigation risk. First, I estimate the risk of independent contractor misclassification litigation for service-based ‘sharing economy’ businesses by measuring the amount of control they exercise over their contractors. The estimates reveal that […]

Abby Ward, ‘Balancing the Right to Privacy and Freedom of Expression: Re-evaluating Hosking v Runting in the Light of Recent Developments in English Privacy Law’

Abstract: This paper examines the potential impact of recent English privacy jurisprudence on the New Zealand tort of privacy. The paper contrasts the New Zealand Court of Appeal’s aversion towards an over-expansive privacy right expressed in Hosking v Runting with an increasing readiness to override freedom of expression in favour of privacy interests in the […]

Sean Brennan, ‘Local Authority Liability for Flooding: Where Should Loss Fall?’

Abstract: Flooding is New Zealand’s most frequent natural hazard, the cost of which is outdone only by the recent Canterbury earthquakes. Local authorities are the bodies primarily tasked with protecting communities against flooding through a range of measures including physical works such as stopbanks. This article explores the extent to which a local authority can […]

‘Case Law, Belgium: Olivier G v Le Soir: “Right to be forgotten” requires anonymisation of online newspaper archive’

“In the case of Olivier G v Le Soir (29 April 2016, n° C 15 0052 F) the Belgian Court of Cassation decided that, as the result of the ‘right to be forgotten’, a newspaper had been properly ordered to anonymise the online version of a 1994 article concerning a fatal road traffic accident. The […]

Oliver Krauss, ‘The Enforceability of Escalation Clauses Providing for Negotiations in Good Faith Under English Law’

Abstract: Escalation clauses providing for negotiating in good faith have evolved from mere unenforceable agreements to negotiate to agreements that could be enforced under certain conditions. English courts, however, have usually held some of these requirements to be missing which, in turn, precluded the enforcement of escalation clauses. The paper discusses the general idea of […]

‘Locating Foreign Civil Codes’

“One of the frequently asked foreign and comparative law research questions is how to find a country’s civil code. A researcher might not know they need a civil code, but they often do. A civil code is the key to accessing all types of private law for many civil law jurisdictions. Modeled after the Code […]