Monthly Archives: January, 2017

Andrew Trotter, ‘The Double Ceiling On Unjust Enrichment: Old Solutions For Old Problems’

Abstract: Unjust enrichment is not calculated to strip defendants of gain at all costs, but rather to restore to the claimant the value or rights he has unjustly lost. It can therefore only justify restitution to the extent of the claimant’s ultimate expense, or the defendant’s ultimate enrichment, whichever is lesser. Although that ‘double ceiling’ […]

‘Punitive damages for IP infringements can be provided for by EU countries, rules EU court’

“Businesses that infringe the intellectual property (IP) rights of others can be ordered to pay damages that value multiple what it would have cost them to licence the use of that IP legitimately, the EU’s highest court has said. The Court of Justice of the EU (CJEU) said EU law does not preclude EU countries […]

‘Claims Against Overcrowded Trains and the Litigious Society’

“Stichting ConsumentenClaim has announced to start legal proceedings against Dutch Railways on behalf of a passenger. The question that the court will essentially need to answer is whether overcrowdedness in trains resulting in passengers frequently not having seating constitutes a breach of contract. To determine whether such a claim will be successful, several legal questions […]

‘The Star Trek Fan Film Case, part 2 – Thoughts on the Fair Use Opinion’

“The Star Trek copyright lawsuit I previously wrote about settled last Friday. This was not a surprise. Defendant Axanar’s best bet was arguing that its fan film made fair use of the Star Trek works. The court, however, foreclosed that defense a few weeks ago. This post addresses a few points (out of many) from […]

Intellectual Property, Private Law, and the Supreme Court: George Washington University, Washington DC, 10 March 2017

How has the Supreme Court been applying principles of private law — from property, contract, tort, equity, and remedies — to decide intellectual property cases? How should it do so in the future? The conference will feature four panels: The Nature of IP; Infringement and Defenses; Licensing and Exhaustion; Equity and Remedies. Join leading scholars, […]

Robert Ellickson, ‘When Civil Society Uses an Iron Fist: The Roles of Private Associations in Rulemaking and Adjudication’

Abstract: Alexis de Tocqueville and Robert Putnam are but two of the many admirers of the countless private associations that lie at the core of civil society. This article seeks to advance understanding of the law-like activities of these associations. Residential community associations and sports leagues, for example, make rules and levy fines on members […]

Paik, Black and Hyman, ‘Damage Caps and the Labor Supply of Physicians: Evidence from the Third Reform Wave’

Abstract: Nine states adopted caps on non-economic damages during the third medical malpractice reform wave from 2002-05, joining twenty-two other states with caps on non-economic or total damages. We study the effects of these reforms on physician supply. Across a variety of difference-in-differences (DiD), triple differences, and synthetic control methods, in both state- and county-level […]

Ben-Shahar and Strahilevitz, ‘Interpreting Contracts via Surveys and Experiments’

Abstract: Interpreting the language of contracts is the most common and least satisfactory task courts perform in contract disputes. This article proposes to take much of this task out of the hands of lawyers and judges, entrusting it instead to the public. The article develops and tests a novel regime – the ‘survey interpretation method’ […]

‘The liability of golf clubs (again)’

“Reparation actions against golf clubs (or golfers) seem to be occurring with increasing regularity in recent years. In 2014, there were the cases of Phee v Gordon [2014] CSIH 18, which concerned a golfer struck by a golf ball hit by another player, as well as McMahon v Dear [2014] CSOH 100, which related to […]

New Book Symposium – The Foundations of EU Data Protection Law: QM School of Law, London, 9 March 2017

A new book symposium organised by the Centre for European and International Legal Affairs (CEILA) for Orla Lynskey’s book The Foundations of EU Data Protection Law. Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, […]