Monthly Archives: May, 2017

‘A comprehensive look at Brexit’s impact on intellectual property rights in the UK’

“The formal process for the UK’s departure from the EU began on 29 March 2017 when the UK Government notified the European Council under Article 50 of the Lisbon Treaty of its intention to leave the EU. This started a two year period in which to negotiate a withdrawal agreement (this period can be extended […]

David Blankfein-Tabachnick, ‘Property, Duress, and Consensual Relationships’

Speech Matters: On Lying, Morality, and the Law. By Seana Valentine Shiffrin. Princeton and Oxford: Princeton University Press. 2014. Pp. xi, 223. $35. Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and […]

‘A Pragmatist’s View of Promissory Law with a Focus on Consent and Reliance’

This article discusses Professor Nate Oman’s excellent new book, The Dignity of Commerce, which makes an impressive case for how markets can produce ‘desirable’ outcomes for society. In addition to a comprehensive account of what he calls ‘virtues’ of markets, such as their tendency to produce cooperation, trust, and wealth, the book is full of […]

Professor of Law, Brunel Law School

“… The appointed person will have teaching and preferably research interests in any aspect of Private Law (broadly defined). The successful candidate will be expected to contribute to teaching at the undergraduate and postgraduate levels. Our preference is for a candidate who can offer research and teaching in one or more of the following areas: […]

Iain Field, ‘A good-faith challenge to the taxonomy of tort law defences’

Introduction: … The argument develops incrementally in five substantive parts. Part II outlines the range of circumstances in which good faith ‘protections’ (to use a neutral term that encompasses, but is not limited to, the possible definitions of ‘defences’ examined later in this article) operate in tort law, and demonstrates why – subject to the […]

‘Research Fellowships in Legal History at St Andrews’

“Four Research Fellowships in Legal History are available at the University of St Andrews to work with Professor John Hudson on the ERC Advance Grant funded project ‘Civil Law, Common Law, Customary Law: Consonance, Divergence and Transformation in Western Europe from the late eleventh to the thirteenth centuries’ …” (more) [Legal History Blog, 22 May]

Betsy Rosenblatt, ‘Belonging as Intellectual Creation’

Abstract: This Article considers the question of ‘what we create when we create’. Certainly, one product of creation is ‘stuff’ – inventions, trademarks, and works of authorship. But the same creative process also generates other public, personal, or social goods, such as skills, self-actualization, and community. This project postulates that for some creators, a sense […]

Christopher French, ‘Understanding Insurance Policies as Noncontracts: An Alternative Approach to Drafting and Construing These Unique Financial Instruments’

Abstract: Insurance policies commonly are understood to be a species of standardized contracts. This Article challenges that conventional wisdom and argues that insurance policies do not actually qualify as contracts under the doctrinal and theoretical bases of contract formation. It examines the process by which insurance policies are created and sold, and measures that process […]

‘The Algorithm Made Me Do It and Other Bad Excuses’

“As the outputs of algorithms increasingly pervade our everyday lives – from wayfinding apps and search engine autofill results to investment advice and self-driving cars – we must also come to terms with who should be held accountable when those algorithms cause harm, and how. In the lives of many people, algorithms are harmless, even […]

Juergen Backhaus, ‘Lawyers’ economics versus economic analysis of law: a critique of professor Posner’s “economic” approach to law by reference to a case concerning damages for loss of earning capacity’

Abstract: A methodological critique of the Chicago School of legal economic analysis, in particular Posner’s approach, is illustrated by an example characterizing Chicago-type ‘analysis of law’. Although the discussion of the example referred to may be interesting in its own right, its purpose here is to suggest a more general framework of criticism in order […]