Monthly Archives: May, 2017

Meirav Furth-Matzkin, ‘On the Unexpected Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market’

Abstract: This article explores the prevalence of unenforceable and misleading terms in residential rental contracts. For this purpose, the study analyzes a sample of seventy residential leases from the Greater Boston Area in terms of Massachusetts Landlord and Tenant Law. The article’s findings reveal that landlords often use deceptive – as well as clearly invalid […]

Posner and Weyl, ‘Property Is Only Another Name for Monopoly’

Abstract: The existing system of private property interferes with allocative efficiency by giving owners the power to hold out for excessive prices. We propose a remedy in the form of a tax on property, based on the value self-assessed by its owner at intervals, along with a requirement that the owner sell the property to […]

Irina Domurath, ‘Mortgage Debt and the Social Function of Contract’

Abstract: The high numbers of over‐indebtedness and of evictions in Europe since the financial crisis have highlighted the need to re‐think the role that mortgage credit plays for societies. This contribution examines the social function of contract law, based on the observation that contract law is a means of allocating welfare in a political economy […]

Goudkamp and Plunkett, ‘Vicarious liability in Australia: on the move?’

Abstract: The recent decision of the High Court of Australia in Prince Alfred College v ADC is a landmark case in the law of vicarious liability. It is the first time in almost 14 years that the High Court has grappled in earnest with the second stage of the test for vicarious liability. This note […]

Teemu Juutilainen, ‘Law‐Based Commodification of Private Debt’

Abstract: This article looks back in history to understand how private debt developed into the kind of tradable asset, or commodity, that it is today. The article theorises that development, distinguishing in it three discrete but overlapping modes of commodification, namely propertification, impersonalisation and risk abstraction. The three modes shed light on changes in debt […]

Zachary Zaharoff, ‘Defaming the Prince’

Abstract: This Article argues that press outlets should be completely immune from defamation suits initiated by a US President. The Article presents the current defamation standard for public officials and explores the history of tense President-press relations. It then argues that defamation lawsuits are a dangerous tool in the hands of a sitting President and […]

‘Patents and the Private-Versus-Public-Rights Distinction’

Are patent rights public or private rights? Generally speaking, patents are privately held, and their enforcement is limited to civil suits brought by their private holders. Hence, in some sense, the answer might seem obvious. But for purposes of addressing issues of separation of powers and the right to a jury trial, the answer is […]

BACL/ISCL: ‘Comparing UK and Irish law: A special relationship?’, University College Dublin, 5 September 2017, 9.30-12.00

Session 1 (9.45-10.45): Lorna Fox O’ Mahony: ‘Land law ideologies and the British-Irish Question, from the Famine to post-Brexit’; Blanaid Clarke: ‘Enforcement against Individuals for Failings in Banks’; Session 2 (11.00-12.00): Daithi Mac Sithigh: ‘Reversing the polarity of the neutron flow: Legislation on languages in the UK and Ireland’; Cliona Kelly: ‘Consumer Rights Reform in […]

‘The UK and European Private Law, what’s next?’

“In the past I have reported on this forum about a simulation that William Bull and I run with Maastricht European Law School Students called the Maastricht Project. In this project, which runs in our course on European Private Law (focusing on contract, property and a bit of tort), we divide students amongst Member State […]

‘Philosophy of Language and Legal Interpretation’

Brian G Slocum, Pragmatics and Legal Texts: How Best to Account for the Gaps between Literal Meaning and Communicative Meaning, in The Pragmatic Turn in Law: Inference and Interpretation in Legal Discourse (Mouton Series of Pragmatics, forthcoming 2017), available at SSRN. Law is pervasively interested in the proper understanding and application of texts: contracts, wills, […]