Monthly Archives: January, 2018

Lecturer / Senior Lecturer in Law, Faculty of Law at the University of Otago

“We are currently seeking to appoint a Lecturer/Senior Lecturer in Law to a confirmation path position. In this role, you will contribute to the teaching and examining of undergraduate degree courses and supervise postgraduate students … We encourage strong applicants who have a passion for research and teaching in Property Law, the Law of Equity […]

Anna Lasso, ‘The Civil Wrong Between Private Relationships and Social Order’

Abstract A new approach to the functions of liability allows the observation of civil wrong from two different perspectives: the relationship between the wrongdoer and the injured party and the system of values in its natural aspiration to stability. The unjust harm caused by the wrongdoer may entail the reinstatement of the victim’s property and […]

Henrik Lando, ‘Alf Ross and the Functional Analysis of Law’

Abstract Scandinavian legal scholarship has only half-heartedly embraced law and economics. Legal literature has suggested that this is due to the dominance of the prevailing legal theory, which was to a considerable extent shaped by the Scandinavian realist Alf Ross. The theory holds that it is the proper role of legal scholars to (only) predict […]

‘ALPS and Other European Property Law Conferences this Summer’

“Get ready to pack your light summer jackets: the annual Association of Property, Law, and Society (ALPS) conference heads to Maastricht this summer! The 9th annual ALPS meeting at Maastricht University, The Netherlands on May 31-June 2, 2018. Average June temperature for Maastricht: 61 degrees Fahrenheit (16 degrees Celsius). Personally, this will be a welcome […]

‘Empirical Studies of Corporate Law and Governance’

“I’m dubious of empirical analyses (except when they confirm my preexisting priors, of course), but I nevertheless found Michael Klausner’s overview very helpful and provocative: ‘This chapter examines the empirical literature on corporate law and governance in the United States. Four areas of the US corporate governance literature are discussed: (i) state competition to produce […]

Kenneth Silver, ‘Can a Corporation be Worthy of Moral Consideration?’

Abstract Much has been written about what corporations owe society and whether it is appropriate to hold them responsible. In contrast, little has been written about whether anything is owed to corporations apart from what is owed to their members. And when this question has been addressed, the answer has always been that corporations are […]

‘Lovett On All Things Property’

“John Lovett (Loyola-NOLA) has recently posted a number of interesting pieces on SSRN. Check them out below: ‘Into Centuries of Centuries: Reflections on Marc R Poirier (1952-2015)’ (Journal of Law, Property, and Society): This essay reflects on the contributions to property law scholarship and teaching made by Marc R Poirier (1952-2015), Professor of Law at […]

‘Regulating Risk Through Private Law’

“Regulating Risk Through Private Law, edited by Matthew Dyson, is now available from Intersentia. The blurb provides: ‘Regulating Risk Through Private Law sets out, for nine significant legal systems, an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. It examines and […]

Gregory Mandel, ‘Institutional Fracture in Intellectual Property Law’

Abstract This Article presents an original dataset of (1) every intellectual property decision made by the Supreme Court; and (2) every intellectual property statute passed by Congress from 2002 to 2016. Analysis of the data reveals that the Court and Congress have been significantly at odds over intellectual property law during the early twenty-first century. […]

Hendrik Verhagen, ‘The Policies against Leapfrogging in Unjust Enrichment: A Critical Assessment’

Abstract This article critically examines the merit of the policy reasons against leapfrogging one’s contractual counterparty in unjust enrichment. Where the benefit of a performance, which is rendered by someone (C) pursuant to a contract with his counterparty (T), ends up with someone (D) who is not a party to that contract, will the law […]