Monthly Archives: April, 2017

Eric Tjong Tjin Tai, ‘The Right to Be Forgotten – Private Law Enforcement’

Abstract: Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life examples show, enforcement is mostly feasible but […]

Eric Chaffee, ‘The Origins of Corporate Social Responsibility’

Abstract: Although most corporate managers agree that engaging in socially responsible behavior is the correct thing for corporations to do, few can articulate a strong analytical foundation for this belief. The fact that engaging in this type of behavior may help to make corporations more profitable offers a partial reason for engaging in such behavior. […]

‘Literal or Contextual? What is the Correct Approach to Contractual Interpretation?’

“Over the last twenty years or so, the approach of the English courts to contractual interpretation has moved between a strict literal approach and a more purposive approach. From recent decisions, the courts seemed to be trending back towards the literal approach (as in the Supreme Court decision of Arnold v Britton), moving away from […]

Andrea Curcio, ‘Institutional Failure, Campus Sexual Assault and Danger in the Dorms: Regulatory Limits and the Promise of Tort Law’

Abstract: Data demonstrates the majority of on-campus sexual assaults occur in dorm rooms. At many colleges, this fact receives little, if any, attention. This article discusses how schools’ failure to raise awareness about, and develop risk reduction programs for, dorm-based assaults is another example of long-standing institutional failures when it comes to addressing campus sexual […]

Tobias Barkley, ‘Trustees’ Bare Legal Title: Concept or Misconception?’

Abstract: There is a widespread idea that trustees hold a ‘bare’ or ‘dry’ title, which is distinguishable from an absolute owner’s title. A number of cases in Australia have suggested this is a misconception and a trustee’s title should not be distinguished from that of an absolute owner. This is said to be required by […]

Call for Papers: International Conference of the Faculty of Law at the University of Plovdiv, Bulgaria, 19-20 September 2017

Invitation to the International Scientific Conference of the Faculty of Law at the University of Plovdiv celebrating the 25th Anniversary of the Faculty of Law, 19-20 September 2017, Plenary Hall of Municipality Council. You may submit a paper for a collected work and/or confirm participation in the conference … (more)

John Fanning, ‘Mental Capacity as a Concept in Negligence: Against an Insanity Defence’

Abstract: A defendant’s ‘insanity’ will not excuse his or her negligence. According to corrective justice theory, if A injures B, then A should compensate B – that A’s actions may be attributable to a mental illness is therefore immaterial. Some tort scholars argue the law should excuse insane defendants from liability because they lack the […]

Alexandra Buckingham, ‘Considering Cultural Communities in Contract Interpretation’

Abstract: The art of contract interpretation involves determining the meaning of an agreement. Often, courts must determine whether a particular term is reasonably susceptible to more than one meaning, and if so, they engage in the process of disambiguating the term. This process involves a subtle dance between the traditional and the modern approaches to […]

Jay E Grenig, ‘The Civil Jury in the United States’

Introduction: This Article explores the evolution of the civil jury in the American judicial system. The origins of the civil jury are functionally linked to ancient origins, and are a direct descendent from the English jury system. The civil jury system is both similar and distinct from the criminal jury system, with the civil jury […]

Evan Criddle, ‘Liberty in Loyalty: A Republican Theory of Fiduciary Law’

Abstract: Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify […]