Monthly Archives: November, 2016

James Gallen, ‘Historical Abuse and the Statute of Limitations’

Abstract: This article will assess the role of the statute of limitations in Irish law and examine the extent to which it impedes an effective remedy for victims and survivors of historical abuse. It will first identify the problem of historical abuse in Ireland and argue that while several non-judicial remedies have been created, a […]

Marson and Ferris, ‘The Uninsured Drivers’ Agreement 2015 as a Legitimate Source of Authority’

Abstract: In the United Kingdom, motor vehicle insurance is governed by national and EU law. In respect of the EU requirement that member states establish a guarantee fund from which the victims of negligent uninsured or untraced drivers may obtain compensation, the United Kingdom entered into a series of agreements with the Motor Insurers’ Bureau […]

Jeffrey Rachlinski, ‘Does Empirical Legal Studies Shed More Heat than Light? The Case of Civil Damage Awards’

Abstract: Empirical investigation of legal systems is emerging as a leading trend in both the social sciences and the legal academy in the early twenty‐first century. Law reviews are now filled with studies reporting empirical data. Because empirical investigation of law commonly seeks to inform contentious social and political debates, however, its research often fuels […]

‘Harvard Law School’s Private Law Workshop: Mischkowski, Stone and Stremitzer, Promises, Expectations, and Social Cooperation’

“At last Wednesday’s Private Law Workshop, Rebecca Stone presented new experimental evidence on whether, and under what conditions, people regard promises as generating obligations to keep them. Based on a study of some 780 subjects, Mischkowski, Stone and Stremitzer find that people regard the issuance of a promise in and of itself, and the fact […]

Peter Watts, ‘“Unjust Enrichment” – the Potion that Induces Well-meaning Sloppiness of Thought’

Abstract: Making enrichment the focus of restitutionary liability is a fundamental error. It leads to an untenable prejudice against unearned gain. At the same time, it denies restitution to parties who should obtain it. Only limited interests have been, and ought to be, protected by the law of restitution. These include autonomy in the transfer […]

Emanuel Towfigh, ‘Rational Choice and Its Limits’

Abstract: This Article asks the fundamental question of whether the concept of a market-oriented (economic) order can be reconciled with the idea of democracy from the perspective of rational choice approaches to the law. Europe has been facing great economic challenges for the past years – sovereign debt; fiscal and monetary policy; financial market regulation; […]

Jan Dalhuisen, ‘The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions’

Abstract: This paper deals with the key or focus points that need to be considered when we think about a new transnational contract and movable property law and how these issues should be resolved and what methodology should be followed in the formulation and application of this new law. Dalhuisen, Jan H Hendrik, The New […]

‘Property and SEALS’

“It may be chilly where you are, but the bright, sunny SEALS is just around the corner! From July 31 to August 6, legal scholars of all disciplines will gather in Boca Raton, Florida to discuss the finer points of the law and enjoy a few cocktails in the sun. Property scholars, fear not, there […]

Goldberg and Zipursky, ‘The Strict Liability in Fault and the Fault in Strict Liability’

Abstract: Tort scholars have long been obsessed with the dichotomy between strict liability and liability based on fault or wrongdoing. We argue that this is a false dichotomy. Torts such as battery, libel, negligence, and nuisance are wrongs, yet all are ‘strictly’ defined in the sense of setting objective and thus quite demanding standards of […]

Born and Karl, ‘The Effect of Tort Reform on Medical Malpractice Insurance Market Trends’

Abstract: In this article, we examine the extent to which the timing of reforms to the tort liability system coincides with changes in medical malpractice insurance market conditions. Our research is motivated by the fact that, while policy discussions and academic research pertaining to the merits of tort reform often center on ex post effects, […]