Monthly Archives: August, 2017

Eveline Ramaekers, ‘What is Property Law?’

Abstract: Property law scholars have been dealing with a number of key doctrinal questions concerning property law since the first time someone pointed at something and claimed: ‘This is mine!’ This scholarship has included questions such as: What are property rights? What kind of things can we have property rights in? What role can property […]

Gijs van Dijck, ‘The Ordered Apology’

Abstract: Psychological research has demonstrated that an apology can contribute to the well-being of the receiver of the apology. However, the legal community has only cautiously embraced the idea of claiming and ordering apologies in a legal procedure. The conventional wisdom is that apologies that are claimed or ordered do not serve a purpose because […]

Challenges in Tort Law Today: Institute for European Tort Law and European Centre of Tort and Insurance Law: Vienna, 20 October 2017

The Institute for European Tort Law (ETL) and the European Centre of Tort and Insurance Law (ECTIL) cordially invite the public to a conference on ‘Challenges in Tort Law Today’. In the light of ongoing debates throughout Europe on whether and how to reform tort law to meet modern-day challenges, key problem areas will be […]

Michael Schuster, ‘Public Choice Theory, the Constitution, and Public Understanding of the Copyright System’

Abstract: The US Constitution commands that copyright laws must benefit society by promoting the progress of science and the useful arts. Building on past research in public choice theory, this Article posits that Congress has deviated from this utilitarian goal, and the only means to correct the state of affairs is via pressure from the […]

‘Dinwoodie and Dreyfuss on Brexit and IP’

“In prior work such as A Neofederalist Vision of TRIPS, Graeme Dinwoodie and Rochelle Dreyfuss have critiqued one-size-fits-all IP regimes and stressed the value of member state autonomy. In theory, the UK’s exit from the EU could promote these autonomy values by allowing the UK to revise its IP laws in ways that enhance its […]

Nicholas Hooper, ‘The Phenomenology of Medico-Legal Causation’

Abstract: The language of counterfactual causation employed from the bench obscures the analytical vacuity of the ‘but for’ test. This paper takes issue with the consistent recourse to ‘common sense’ as a methodological tool for determining the deeply complex issue of causality. Despite manifestly empty gestures to, eg, robust pragmatism, the current approach imposes the […]

Liyang Hou, ‘Superior Bargaining Power: The Good, the Bad and the Ugly’

Abstract: Superior bargaining power demonstrates a domain where practice precedes theory. Although there have been legal practice on superior bargaining power to some extent across the globe for more than eight decades, debates have never rested on whether and how superior bargaining power should be regulated. In view of such a gap, this article for […]

Wibren van der Burg, ‘The Merits of Law: An Argumentative Framework for Evaluative Judgements and Normative Recommendations in Legal Research’

Abstract: Is the law good? How can it be improved? These questions are frequently addressed, both in traditional doctrinal research and in interdisciplinary legal research. In this article, I elaborate a general argumentative framework for justifying evaluations and recommendations for legislative reform, and I identify the chains of argument for making evaluations and recommendations. This […]

George Buttigieg, ‘Re-visiting Bolam and Bolitho in the light of Montgomery v Lanarkshire Health Board

Abstract: This article considers the potentially untapped significance of the Bolitho test, while the Bolam test looks to be facing a challenging twilight. It re-examines the landmark House of Lords case of Nadyne Montgomery v Lanarkshire Health Board, having regard for Bolam as modified by Bolitho. Although further jurisprudential Bolam challenge is likely in the […]

Erik Knutsen, ‘The Medical Malpractice Landscape in Ontario: Facts, Trends and Analysis of Trials and Appeals’

Abstract: This study presents comprehensive analyzed data about medical malpractice trials and appeals in the Ontario civil court system over a 24-year period, from 1992 to 2016. The study looks at the trends in this population of cases with the hopes that there is, for medical malpractice litigants, some predictive value in at least knowing […]