Monthly Archives: September, 2017

Qi Zhou, ‘What Can Economists Learn from Contract Lawyers?’

Abstract This chapter aims to stimulate a debate on the role played by lawyers in law and economics scholarship. It is argued that traditional legal scholarship is unfairly undervalued in the current law and economics movement. By using examples in English contract law, this chapter argues that lawyers can make three invaluable contributions to law […]

Eric Claeys, ‘Intellectual Property and Practical Reason’

Abstract In scholarship on intellectual property (‘IP’), philosophical justifications for IP rights seem to suffer from one of two flaws. To some, philosophical justifications are too indeterminate to offer concrete guidance about rights in practice. To others, philosophical justifications seem extreme; they mandate certain conclusions without letting decision makers consider the relevant context or consequences […]

Paul Babie, ‘Review Essay: Property, Predation, and Protection

Abstract What is property? It is neither what it may first appear nor what we are first told it might be. Let me explain. What property first appears to be is a means of allocating goods and resources. Typically, philosophers and other social and legal theorists begin by saying that property is a system whereby […]

‘Table of Contents for “The New Legal Realism”’

“Elizabeth Mertz (University of Wisconsin – Madison; American Bar Foundation), Stewart Macaulay (University of Wisconsin Law School), and Heinz Klug (University of Wisconsin Law School) have posted the tables of contents …” (more) [Lawrence Solum, Legal Theory Blog, 29 September]

Paul Babie, ‘Completing the Painting: Legislative Innovation and the “Australianness” of Australian Real Property Law’

Abstract This article considers legislative innovations in Australian real property law and the role played by legislators through exercises of Parliamentary sovereignty. The legislative role is equal to that of the judiciary in the creation and modification of new forms of property in relation to land. To demonstrate this thesis, the article examines: (i) the […]

‘Compensation for breach of the proposed ePrivacy Regulation’

“Parallel to my interest in compensation for breach of the General Data Protection Regulation [GDPR; Regulation (EU) 2016/679], I am also interested in the question of compensation for breach of the proposed ePrivacy Regulation (hereafter: pePR; see, eg, the EU Commission’s proposal for a Regulation on Privacy and Electronic Communications). Article 22 of the Commission’s […]

Enrico Baffi, ‘Consumer Protections Against Unconscionable Clauses: American Doctrines, Italian Law’

Abstract Conventional wisdom holds that with the laws protecting consumers against harsh provisions in their contractual relationships with professionals, the European Legislator intended to level the playing field between parties to a contract. This article intends to show that the European Legislator’s intent was actually to resolve the problem of an inefficient ‘race to the […]

Rumen Kostadinov, ‘Renegotiation of Long-Term Contracts with Implicit Incentives’

Abstract I study a repeated game where a principal hires a risk-averse agent through long-term contracts on output. The agent’s effort is observable but non-contractible and is a basis for a self-enforcing agreement (relational contract) between the players: after observing effort and output the principal can pay a voluntary bonus and attempt to renegotiate the […]

‘It’s time to abolish juries in defamation cases’

“Libel cases in England and Wales are ‘better off without juries’, according to Sir Mark Warby, the High Court judge with responsibility for the Media and Communications List of the Queen’s Bench Division. As reported yesterday in the Brief, the legal newsletter of The Times, he was speaking on Tuesday at the London conference of […]

Just Published: Ying Khai Liew, Rationalising Constructive Trusts

Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole – as opposed to specific doctrines or particular aspects of constructive trusts – have been few and far between. […]