Monthly Archives: January, 2018

‘Sustainability and private law? Let’s do it together – crowdsourcing ideas and materials’

“The biggest challenge of the 21st century is undoubtedly the question of how to tackle the effects of a rising population, expanding industrialisation and growing environmental degradation. Apart from an ever complex world, there are externalities that are the result of the way humankind has been treating its planet in the last centuries. The rules […]

Michael Risch, ‘(Un)reasonable Royalties’

Introduction: … Part I explores the slow development of the reasonable royalties remedy. This detailed analysis provides new insights into the history that is missing in contemporary analysis. It shows that the goal of reasonable royalties was to be compensatory, applying when plaintiffs could not show other types of damages. It concludes that the calculation […]

JB Heaton, ‘Litigation Funding: An Economic Analysis’

Abstract Basic economic analysis of litigation funding shows that risk-neutral plaintiffs without budget-constraints will not accept funding unless they are pessimistic relative to the funder. Risk aversion makes a plaintiff who shares probabilistic beliefs with the funder act observationally-equivalent to a pessimistic, risk-neutral plaintiff, so she will accept funding as well. An important benefit of […]

Bamdad Shams, ‘The Normativity of Transnational Private Norms: An Overview’

Abstract In this very (short) paper, I explain that the multinational corporations today act as private lawmakers because they create their own laws, which is called ‘transnational private norms’. As a consequence, we can say that the links between law and state simply do not exist. Shams, Bamdad, The Normativity of Transnational Private Norms: An […]

Grantham and Jensen, ‘The Proper Role of Policy in Private Law Adjudication’

Abstract The re-emergence in recent years of interest in the private law in and of itself, rather than as an instrument of extrinsic, regulatory goals, has called into focus the appropriateness of ‘policy-based’ reasoning in private law adjudication and rule formulation. While many have become accustomed to the idea that the courts both can and […]

Martha McCluskey, ‘Defining the Economic Pie, Not Dividing or Maximizing it’

Abstract This essay challenges the question that drives much of legal analysis: whether to maximize or divide the ‘economic pie’. Regardless of the answer, this question skews legal analysis and rests on dubious economics. This framing binary inherently presents economic maximizing as the presumptive norm, represented as superior to socioeconomic distribution in both spatial and […]

Call for Papers: UCL Laws LLM student-led conference on ‘Current Issues in Restitution’, 24 March 2018

“Students currently taking the LLM module ‘Restitution of Unjust Enrichment’ have organised a conference, with the theme ‘Current Issues in Restitution’, on Saturday 24 March at the Institute of Education (IOE), 20 Bedford Way, Room 728 between 10 am – 4 pm. Attendance is open to any student (LLB level upwards) from any university with […]

‘“You Are Asking Me About Reading Things I Never Had to Read ”: Consumer Contracting in Historical Context’

Anne Fleming, The Rise and Fall of Unconscionability as the ‘Law of the Poor’, 102 Georgetown Law Journal 1383 (2014). Who is best suited to police unfair terms – the market, the judiciary, or the legislature? Williams vs Walker-Thomas Furniture has long been offered as a cautionary tale, but in her 2014 article, legal historian […]

University of Glasgow – School of Law: Lecturer in Private Law

“Job Purpose: To undertake high-quality research, actively contribute to teaching at undergraduate and postgraduate levels, and to undertake administration as required by the Head of School. Main Duties and Responsibilities: 1. Develop and maintain individual/joint research projects in the area of private law and related subject areas and, where appropriate, to secure external funding required […]

David Brodsky, ‘General Damages and an Account of Profits – An Irish Innovation?’

Abstract This article considers the ‘orthodox’ rule requiring an election between damages or an account of profits in light of a recent Irish court decision that would appear to open the door for the granting of both remedies. Following a brief review of the background and historical development of the ‘orthodox’ view, the specific judicial […]