Monthly Archives: April, 2018

Susan Gary, ‘Restricted Charitable Gifts: Public Benefit, Public Voice’

Introduction … The article begins with a brief look at history, first the English roots of charitable trusts, then US developments and the current state of the law in the US. The article proceeds to a discussion of cy pres, the primary means for modifying restrictions placed on charitable assets, and identifies other tools for […]

Symposium: ‘Morality, Markets, and Contract Law’ (William & Mary Business Law Review)

How Well Do We Treat Each Other in Contract? (Aditi Bagchi) Contract Law and the Common Good (Brian H Bix) Contract, Promise, and the Right of Redress (Andrew S Gold) A Pragmatist’s View of Promissory Law with a Focus on Consent and Reliance (Robert A Hillman) Does Contract Law Need Morality? (Kimberly D Krawiec and […]

Robert Sitkoff, ‘Fiduciary Principles in Trust Law’

Abstract This book chapter, prepared for the forthcoming Oxford Handbook of Fiduciary Law, canvasses the fiduciary principles applicable to a trustee of a donative, irrevocable private trust subject. The focus is on prevailing American law. The chapter examines (a) the trigger for finding a trust fiduciary relationship and the scope of that relationship; (b) the […]

Maureen Brady, ‘The Forgotten History of Metes and Bounds’

Abstract Since the settling of the American colonies, property boundaries have been described by the ‘metes and bounds’ method, which is a highly customized system dependent on localized knowledge of movable stones, impermanent trees, and transient neighbors. The metes and bounds system has long been the subject of ridicule, and a recent wave of law-and-economics […]

Paul Skowron, ‘The Relationship between Autonomy and Adult Mental Capacity in the Law of England and Wales’

Abstract Judges in England and Wales tell three apparently contradictory stories about the relationship between autonomy and mental capacity. Sometimes, capacity is autonomy’s gatekeeper: those with capacity are autonomous, but those without capacity are not. Sometimes, capacity is necessary for autonomy but insufficient; for voluntariness, freedom from undue external influences is also required. Finally, sometimes […]

‘Contractualism’

“The term ‘contractualism’ can be used in a broad sense – to indicate the view that morality is based on contract or agreement – or in a narrow sense – to refer to a particular view developed in recent years by the Harvard philosopher TM Scanlon, especially in his book What We Owe to Each […]

William Dorsaneo, ‘The Decline of Anglo-American Civil Jury Trial Practice’

Abstract This article provides a brief historical explanation of the role that juries have played in Anglo-American civil trial practice. In doing so, the article documents the rise and fall of jury trial practice as a mechanism for resolving civil disputes in both England and America. The article explains how the modern rules of procedure […]

Just Published: Sagi Peari, The Foundation of Choice of Law: Choice and Equality

“This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called ‘choice equality foundation’ (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite […]

NT1 and NT2 v Google Inc: How to seek the delisting of search engine results following the first English decision on the “right to be forgotten”’

“The much-anticipated decision in NT 1 & NT 2 v Google LLC [2018] EWHC 799 (QB) was handed down on 13 April 2018. The joint judgment in two separate claims against Google, is the first time the English courts have had to rule on the application of the ‘right to be forgotten’ principle following the […]

Matthew Marinett, ‘Protecting Individual Self-Interest in Aggregate as the Basis of Fairness in Contract’

Abstract This article puts forward a unifying principle for the exceptions to contractual enforcement, including unconscionability, undue influence, duress, and mistake. In coming to a unified analysis, this article explains and defends three general premises. First, contract law should be understood as operating to maximize societal welfare in the aggregate. Second, contractual enforcement encourages and […]