Monthly Archives: June, 2018

‘Hohfeld and Property’

Christopher M Newman, Hohfeld and the Theory of In Rem Rights: An Attempted Mediation in The Legacy of Wesley Hohfeld (forthcoming 2018), available at SSRN. Rights come in different types, and the failure to distinguish among them can lead one into errors. So argued Wesley Newcomb Hohfeld, who – in two articles published in the […]

‘Parise on ownership in American Civil Law jurisdictions’

“Agustín Parise, Maastricht University, has published Ownership Paradigms in American Civil Law Jurisdictions: Manifestations of the Shifts in the Legislation of Louisiana, Chile, and Argentina (16th-20th centuries) with Brill. From the publisher: ‘In Ownership Paradigms in American Civil Law Jurisdictions, Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in […]

‘Case C-20/17 Oberle on the EU Succession Regulation – The rise of a true European property law?’

“On 21 June 2018 the CJEU took its third decision after the EU Succession Regulation entered into force on 17 August 2015. The EU Succession Regulation is a revolutionary piece of EU legislation with very far reaching effect on national law. Although many authors have tried, both during the process of negotiations and after its […]

‘IP Norms’ Dark Side’

Stephanie Bair and Laura Pedraza-Fariña, Anti-Innovation Norms, 112 Northwestern Law Review 1069 (2018). The early legal literature on law and social norms tended to paint a rosy picture. Social norms were generally depicted as an optimal set of organically developed rules, informed by the experience of a close-knit community, and thus superior to formal law […]

Patrick O’Callaghan, ‘The Right to Be Forgotten in Ireland’

Abstract This report examines the status of the right to be forgotten in Irish law. When it came into force on 25th Mary 2018, Article 17 of the General Data Protection Regulation (GDPR) introduced a ‘right to be forgotten’ to Irish law. However, it is possible to argue that this right already existed in Irish […]

Baker and Choi, ‘Reputation and Litigation: Why Costly Legal Sanctions Can Work Better than Reputational Sanctions’

Abstract The paper analyzes the optimal incentive system when reputational sanctions can be supplemented with legal sanctions. A firm sells a good to a sequence of consumers where the firm’s unobservable effort affects the good’s quality. To solve the moral-hazard problem, the firm can promise to pay damages (offer a warranty), consumers can impose reputational […]

‘Judicial Statistics, 2017: Issued defamation claims up by 40%, highest for three years’

“The most recent annual Judicial Statistics – those for 2017 – show a substantial increase in the number of issued defamation claims. These are up by 40% on 2016. In 2017 there were 156 defamation claims issued in London (where the large majority of claims are brought) as opposed to 112 in 2016 (and 135 […]

Jacob, Klement and Procaccia, ‘In-Kind Transfers and the Law of Torts’

Abstract The state and charitable institutions provide in-kind services for distributive purposes. Such services generally benefit recipients but in particular instances may also cause them harm. We discuss the optimal tort regime that should apply when such harm occurs. We show that the optimal level of care applicable to such services is lower than if […]

FE Guerra-Pujol, ‘Exit, Voice, and Boilerplate’

Abstract We review The Dignity of Commerce by Nathan Oman. In summary, Professor Oman explores the relation between contracts and well-functioning markets. Although we could do without the qualifier ‘well-functioning’ to describe markets – since any actual market is, by definition, well-functioning; otherwise, it would not exist – we really enjoyed reading Oman’s book. His […]

Martha Chamallas, ‘Feminist Legal Theory and Tort Law’

Abstract Tort law in the US has failed to provide adequate protection against gender-related harms that disproportionately affect women. Because of the imposition of doctrinal and other restrictions on recovery, there is no reliable means of tort compensation for victims of domestic violence, rape and sexual assault. Only a small number of intentional tort cases […]