Monthly Archives: February, 2017

Wian Erlank, ‘Property Rights in Space: Moving the Goal Posts So the Players Don’t Notice’

Abstract: Elsewhere in ‘Rethinking Terra Nullius and Property in Space’, I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard to ownership in space should be reconsidered. As it stands, ownership in space is governed by international law and currently […]

Colin Marks, ‘Online and As Is’

Abstract: Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that […]

Levmore and Fagan, ‘Semi-Confidential Settlements in Civil, Criminal, and Sexual Assault Cases’

Abstract: Settlement is more likely if parties are free to set its terms, including a promise that these terms will remain secret between them. State sunshine-in-litigation laws work to defeat this incentive for confidentiality in order to protect third parties from otherwise unknown hazards. The intuition is that a wrongdoer should not be able to […]

Julie Dickson, ‘Why General Jurisprudence Is Interesting’

Abstract: In a recent article entitled, ‘Is General Jurisprudence Interesting?’, David Enoch answers his own question resoundingly in the negative. This article critically examines the character of Enoch’s claim, the presuppositions it rests on, and the way in which he seeks to establish it. Having argued that many of Enoch’s views in this regard hinge […]

David Neuberger, ‘Twenty Years a Judge: Reflections and Refractions’

“In autumn last year, I chalked up 20 years as a judge and in autumn this year I will have become an ex-Judge. And, as my judicial adventure nears what property lawyers sometimes call its terminus ad quem, I thought that, in the best traditions of the civil service, it might be worthwhile to start […]

Samuel Beswick, ‘The Decline of the Fish/Mammal Distinction?’

“The public/private distinction was ‘slain’ in 1982. That year, at the Symposium of the University of Pennsylvania Law Review, Professor Duncan Kennedy set forth his six Stages of the Decline of the Public/Private Distinction, outlining the sequence by which liberal categorizations descend ‘from robust good health to utter decrepitude’. The article is available here. Professor […]

‘Corporate Governance and Technological Risks’

“Technology has become so critical to organizational performance that it is now a major boardroom issue, even for firms whose products are not themselves ‘tech’. Technology of ever-increasing sophistication and connectivity is used in production processes, supply chains, and to coordinate the work of employees. At the same time, data has become an ever-more-important asset […]

Shyamkrishna Balganesh, ‘Copyright as Market Prospect’

Abstract: For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts – principally trespass and negligence – in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of […]

‘Post-industrial society and private law’: Guido Comparato, Amsterdam, Centre for the Study of European Contract Law, 20 March 2017 15:30

The notion of post-industrialism has emerged in the 20th century to describe (post-) modern societies whose economy is primarily based on services and in which knowledge and information assume a predominant social and economic function. While the historical link between industrialisation and private law is well-known, how does the alleged coming of post-industrialism affect private […]

Goudkamp and Nolan, ‘Contributory negligence in the Court of Appeal: an empirical study’

Abstract: In this paper we report the results of an empirical study of 112 appellate decisions on the contributory negligence doctrine in England and Wales between 2000 and 2015. It is the first study of its kind in any common law jurisdiction, and builds on earlier research in which we looked at the doctrine’s operation […]