Monthly Archives: April, 2017

Riaz Tejani, ‘Efficiency Unbound: Processual Deterrence for a New Legal Realism’

Abstract: Optimal deterrence theory seeks to promote resource maximization by identifying the most economically useful occasions and magnitudes for legal liability. But liability is only the final outcome of a burdensome process made more onerous for many today by widening inequalities in wealth and access to justice. Omission of this may reflect a preoccupation among […]

Carbone and Levit, ‘The Death of the Firm’

Abstract: This Article maintains that the decision in Burwell v Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the ‘death of the firm’ as a unit of legal analysis in which business entities are treated as more than the sum of […]

Yuracko and Avraham, ‘Valuing Black Lives: A Constitutional Challenge to the Use of Race-Based Tables in Calculating Tort Damages’

Abstract: In 2011, a young couple eagerly expecting the birth of their first child moved into an apartment in Brooklyn, New York, excited to have a new home for their growing family. Their child, a son, was born healthy soon thereafter. One year later, however, the couple received devastating news. A routine medical exam had […]

William Magnuson, ‘The Public Cost of Private Equity’

Abstract: This Article presents a theory of the corporate governance costs of private equity. In doing so, it challenges the common view that private equity’s governance structure has resolved, or at least significantly mitigated, one of the fundamental tensions in corporate law, that is, the conflict between management and ownership. The Article argues that this […]

Lewinsohn-Zamir, Ritov and Kogut, ‘Law and Identifiability’

Abstract: Psychological studies have shown that people react either more generously or more punitively toward identified individuals than toward unidentified ones. This phenomenon, named the identifiability effect, has received little attention in the legal literature, despite its importance for the law. As a prime example, while legislators typically craft rules that would apply to unidentified […]

Alan Butler, ‘Products Liability and the Internet of (Insecure) Things: Should Manufacturers Be Liable for Damage Caused by Hacked Devices?’

Abstract: Despite the fact that discussions of liability for defective software go back more than forty years, there is no clear consensus on what theory governs liability for damage caused by ‘onnected devices’ (or the ‘Internet of Things’). However, the proliferation of IoT devices may be the catalyst for a new field of ‘connected devices’ […]

Andrew Tuch, ‘The Limits of Gatekeeper Liability’

Abstract: Gatekeeper liability – the framework under which actors such as law firms, investment banks and accountants face liability for the wrongs committed by their corporate clients – is one of the most widely used strategies for controlling corporate wrongdoing. It nevertheless faces well-recognized flaws: gatekeepers often depend financially on the clients whose conduct they […]

‘Compensation Following Fatal Stabbing: Human Rights And The CICA: “Double Recovery” Not Allowed’

“The decision of the Upper Tribunal in VG v CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil […]

Gold and Miller, ‘Fiduciary Duties in Social Enterprise’

Abstract: This chapter examines theoretical and practical issues relating to fiduciary administration in social enterprise. It argues that social enterprise often calls for fiduciary administration on a hybrid model, combining elements of service-type administration and governance-type administration. Like standard service-type situations, social enterprise calls for administration in the interests of a defined constituency (ordinarily, shareholders). […]

Richard Lewis, ‘Industrial Injuries Compensation: Tort and Social Security Compared’

Abstract: This article highlights aspects of the tort system of compensation for personal injury in the UK by comparing the provision made for workers under the state’s industrial injury scheme. The relative significance of the two schemes has rarely been considered and has not been dealt with in any UK law journal. Although lawyers are […]