Monthly Archives: May, 2017

Martin Kelly, ‘Mixed-up Wills, Rectification and Interpretation: Marley v Rawlings

Abstract: In Marley v Rawlings, the UK Supreme Court had to decide who should inherit the estate of Alfred Rawlings – who had mistakenly signed his wife’s Will (instead of his own). In this article, I will examine the issues of interpretative methodology arising from this case. The Supreme Court resolved the dispute by exercising […]

Stephanie Plamondon Bair, ‘Dynamic Rationality’

Abstract: In 1998, Christine Jolls, Cass Sunstein, and Richard Thaler published A Behavioral Approach to Law and Economics, one of the most important pieces of scholarship in decades. Their Article famously proposes a departure from the classical law and economics approach to legal analysis. Breaking from classical law and economics’ rational actor construct, the authors […]

Péter Cserne, ‘Paternalism and Contract Law’

Abstract: This is an overview chapter, forthcoming in The Routledge Handbook of the Philosophy of Paternalism. I suggest a classification of contract law rules and doctrines that are potentially or prima facie paternalistic, as constitutive, procedural, informational and substantive limits to freedom of contract. I also discuss non-paternalistic rationalisations of some of these rules in […]

Bruce Feldthusen, ‘10 Reasons to Reject Unique Public Duties of Care in Negligence’

Abstract: In Michael v The South Wales Police the UKSC struck out a fatal accidents claim brought by the family of a victim of domestic abuse. Two different police forces bungled Ms Michael’s calls to the emergency line immediately before she was murdered. The claim failed because the court held that the law ought not […]

‘Unevenly Cooked: Raw Materials and Fair Use’

Andrew Gilden, Raw Materials and the Creative Process, 104 Georgetown Law Journal 355 (2016). Over the past decade or two, intellectual property scholars have learned to pay attention to the rhetoric that people use when arguing and advocating. In particular, many scholars have challenged the use of property rhetoric about ‘owning’ and ‘stealing’ by those […]

Call for Papers: Annual Conference of the Irish Association of Law Teachers, 24-26 November 2017

The Irish Association of Law Teachers is delighted to announce that the IALT Conference 2017 will take place at Dunboyne Castle Hotel and Spa, Co Meath from Friday 24th to Sunday 26th of November 2017. As usual, the conference will have a strong academic tone, with a series of keynote and plenary sessions, alongside parallel […]

Call for Papers: Modern Studies in Property Law 2018: University College London, 10-12 April 2018

The 12th Biennial MSPL Conference will be held at the newly refurbished Bentham House, home of the UCL Faculty of Laws, from Tuesday 10th April to Thursday 12th April 2018. A dedicated Post-Graduate Research strand will be held on Thursday 12th April: further details and a call for papers for this strand will be released […]

‘Studying Specific Performance’

Yonathan A Arbel, Contract Remedies in Action: Specific Performance, 118 West Virginia Law Review 100 (2015), available at SSRN. Parties that have a right to the very thing promised in a contract may opt not to have it delivered by the breaching party through specific performance. Even when the promised item is unique, the plaintiff […]

Rothstein and Rothstein, ‘The Use of Genetic Information in Real Property Transactions’

With the cost of genome sequencing continuing to decline and genomic information becoming more common in health records, it is foreseeable that entities with an economic interest in the future health status of individuals will be tempted to use predictive genetic information to assess the health risks of individuals who are parties to real property […]

Nicos Stavropoulos, ‘The Debate that Never Was’

The ‘Hart-Dworkin’ debate, which is widely understood to have dominated jurisprudence since the late 1960s, is a philosophical fiction. Hart only responded to Dworkin’s work in his Postscript to the Concept of Law (posthumously published in 1994), and although Dworkin wrote a rejoinder at the time, it had remained to this day unpublished. (It is […]