Monthly Archives: August, 2017

Jane Bambauer, ‘Are Privacy Policies Informational or Ideological?’

Abstract: Consumer privacy is predominantly regulated through disclosure. The Federal Trade Commission (FTC) strongly urges American businesses to notify consumers about their privacy practices, and the agency is considering requiring ‘just-in-time’ disclosure that would make these notices more salient and aggressive. American law contains many mandated disclosure rules, and they fall along a spectrum. Some […]

Donald Kochan, ‘I Share, Therefore It’s Mine’

Abstract: Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to ‘share’ property in the sharing economy. It explains that there is an ‘ownership prerequisite’ to the sharing of property, drawing in part from the findings of research in the psychology of child […]

David Opderbeck, ‘Lex Machina Non Est: A Response to Mark Lemley’s “Faith-Based Intellectual Property”’

Abstract: This essay responds to Mark Lemley’s controversial article Faith-Based Intellectual Property. The essay argues that intellectual property requires a far richer concept of human cultural flourishing than positivism and utilitarianism can provide. It argues that Lemley’s understanding of the ‘laws of nature’ and of the relationship between science and religion are based in perspectives […]

Ignacio Cofone, ‘The Dynamic Effect of Information Privacy Law’

Abstract: Discussions of information privacy typically rely on the idea that there is a tradeoff between privacy and availability of information. But privacy, under some circumstances, leads to the creation of more information. In this article, I identify such circumstances by exploring the ex-ante incentives created by entitlements to personal data and evaluating the long-term […]

Jacques Du Plessis, ‘Rethinking Notification in the Law of Contract’

Abstract: The South African law of contract provides that notification could take place in a variety of contexts. At times, it is crucial to determine when exactly notification is effected, and a range of possibilities present themselves. They include the moment when a party first sends or dispatches a notice (for example, when a letter […]

Kal Leung, ‘The Penalty Rule: A Modern Interpretation’

Abstract: This paper focuses on the common law doctrine of the penalty rule and the recent Supreme Court decision in Cavendish Square Holding v Makdessi and ParkingEye v Beavis. The state of the penalty rule prior to the judgment was unsatisfactory and criticized by both commentators and practitioners alike. Its indiscriminate application and unclear criteria […]

Andenas and Negra, ‘Between Contract Law and Financial Regulation: Towards the Europeanisation of General Contract Law’

Abstract: This paper explores the interactions between the general law of contract and the EU derived financial regulatory duties. Starting from the analysis of the legal nature of the EU-derived conduct of business rules duties and the role played by contract law in the governance of financial markets, the paper shows that, after the global […]

Benjamin McMichael, ‘The Failure of “Sorry”: An Empirical Evaluation of Apology Laws, Health Care, and Medical Malpractice’

Abstract: As part of the effort to contain the size and frequency of medical malpractice claims, many states have adopted apology laws. These laws make apologies from physicians to patients inadmissible in any subsequent court proceedings. The basic rationale behind apology laws is that meritless malpractice claims are less likely to be filed when a […]

Victor Goldberg, ‘The MacPhersonHenningsen Puzzle’

Abstract: In the landmark case of MacPherson v Buick, an automobile company was held liable for negligence notwithstanding a lack of privity with the injured driver. Four decades later, in Henningsen v Bloomfield Motors, the court held unconscionable the standard automobile company warranty which limited its responsibility to repair and replacement, even in a case […]

Call for Papers: ‘Misuses of Power in Both Private and Public Law: Dual Perspectives on Corruption’: Younger Scholars Forum in Comparative Law, XXth International Congress, Fukuoka, Japan, 25 July 2018

“We invite younger scholars to participate in the first-ever Younger Scholars Forum in Comparative Law, to be held in Fukuoka, Japan on Wednesday, July 25, 2018, from 9:00am to 12:00pm as part of the larger quadrennial Congress of Comparative Law organized by the International Academy of Comparative Law (IACL) … Workshop 7: Misuses of Power […]