Monthly Archives: May, 2018

Ronen Perry, ‘Tort Law’ (in The Israeli Legal System: An Introduction, Barak Medina et al eds, 2018)

Abstract This book chapter systematically analyzes the fundamental principles of Israeli tort law. Given space limits it focuses on core areas, and does not profess to be comprehensive. Part II discusses fault based liability – intentional torts, negligence, and presumptions of negligence. Part III examines strict liability, including the special regimes pertaining to road accidents, […]

‘Trade in Data: Constructive Limits of Personal Data Ownership’

“Trade in data is becoming crucial for economic growth in Europe. In this context, creating data ownership rights is one way to provide a clear legal framework for the emerging data economy. However, to circumvent privacy issues spurred by the General Data Protection Regulation (GDPR), the subject-matter of trade-oriented debates is typically restricted to non-personal […]

‘CALL FOR PAPERS: Ius Commune Workshop on Comparative Legal History 2018: Ius Commune in the Making: Changing Methods and the Dynamics of Law in the History of Private Law (Amsterdam, 29-30 NOV 2018); DEADLINE 15 JUL 2018’

“… The current Workshop aims now to explore how actors in the past and researchers in the present deal with common law in the making. The Workshop will therefore look at the shifts in methodologies and in the dynamics of law. This strongly looks like a highly fruitful domain of research. History by its nature […]

Goldenfein and Leiter, ‘Legal Engineering on the Blockchain: “Smart Contracts” as Legal Conduct’

Abstract A new legal field is emerging around blockchain platforms and automated transactions. Understanding the relationships between law, legal enforcement, and these technological systems has become critical for scaling blockchain applications. Because ‘smart contracts’ do not themselves constitute agreements, the first necessary ‘legal’ development for transacting with these technologies involves linking computational transactions to natural […]

John Goldberg, ‘The Fiduciary Duty of Care’

Abstract Fiduciary duties of care are at once familiar and strange. They partake of many of the characteristics of duties of care in other domains of private law, particularly tort law. But they also bear the distinctive marks of the fiduciary context. This chapter identifies two ways in which fiduciary duties of care tend to […]

J Gregory Sidak, ‘Is Harm Ever Irreparable?’

Abstract Economic analysis yields three insights on the meanings of irreparable harm. First, the interpretation of ‘irreparable’ harm as immeasurable harm has diminishing plausibility. Quantitative and empirical methods are generally sufficient to estimate injury in business disputes with reasonable confidence. Second, harm can be irreparable because the infringer cannot afford to pay damages, but other […]

Hilary Young, ‘Reynolds v Times Newspapers

Abstract This is about the Reynolds v Times Newspapers case, which led to the creation of a fault-based defamation defence in England and abroad. It sets out the facts and judicial history of the case, then comments on its influence in England, in other common law countries and its likely future influence. Young, Hilary, Reynolds […]

Jessica Litman, ‘What We Don’t See When We See Copyright as Property’

Abstract It is becoming increasingly clear that the supposed copyright wars that copyright scholars believed we were fighting – nominally pitting the interests of authors and creators against the interests of readers and other members of the audience – were never really about that at all. Instead the real conflict has been between the publishers, […]

Andrew Gilden, ‘Sex, Death, and Intellectual Property’

Abstract The role of intellectual property is changing. IP traditionally is characterized as providing economic incentives to invest in creative production or as a reward for intellectual labor, and accordingly IP laws typically are associated with the needs of corporate creators and celebrity artists. In an era of smartphones and social media, however, IP has […]

Samuel Martin, ‘The Evolution of Good Faith in Western Contract Law’

Abstract The concept of good faith as it pertains to Western contract law has existed since the Roman Republic. As a preeminent roman legal scholar, Cicero wrote: ‘Ut inter benos bene agier oportet et sine fraudatione’ – one must act well, as among good men without fraudulence. The Roman law recognized the concept of bona […]