Monthly Archives: July, 2018

Oytana and Chappe, ‘Expert opinion in a tort litigation game’

Abstract We investigate the potential impact of various proposed reforms intended both to improve the quality of expert testimony, while reducing its cost and facilitating the work of courts in appointing experts and reading their reports. We present a unilateral care model under strict liability, in which the court cannot perfectly observe the amount of […]

Baker and Silver, ‘How Liability Insurers Protect Patients and Improve Safety’

Abstract Forty years after the publication of the first systematic study of adverse medical events, there is greater access to information about adverse medical events and increasingly widespread acceptance of the view that patient safety requires more than vigilance by well-intentioned medical professionals. In this essay, we describe some of the ways that medical liability […]

Marketa Trimble, ‘Intellectual Property Law and Geography’

Abstract This chapter explores the various facets of the ‘law and geography’ research prism, notes the existing research avenues, and suggests potential future research avenues in ‘IP law and geography’ that will or could enrich an understanding of IP law and policy, geography, and the intersection of both. Trimble, Marketa, Intellectual Property Law and Geography […]

‘The Horse Before the Cart: The Necessity of the Right to Acquire Property to Property Rights’

James W Ely, Jr, Buchanan and the Right to Acquire Property, Cumberland Law Review (forthcoming), available at SSRN. Can property rights really exist if we do not have a right to acquire property? When we hear about debates over property rights, they are often about the claims of people who already own property. The focus […]

‘Should I do an edited collection? Advice to Authors’

“Group publications can be challenging in many ways. We asked legal historians for their advice on doing edited volumes or special issues (h/t: LSA Law and History CRN). Our questions: What works and what doesn’t? What did you learn the hard way or wish you had known from the start? Was it worth it in […]

John Tasioulas, ‘The Rule of Law’

Abstract This chapter discusses different conceptions of the Rule of Law, the values underlying its desiderata, and the challenges it confronts. Tasioulas, John, The Rule of Law (July 19, 2018).

Smith and Gold, ‘Introduction to the Research Handbook on Fiduciary Law’

Abstract Fiduciary law governs myriad relationships, including employment relationships, business organizations, and professional relationships. Fiduciary relationships characteristically have two parties, a fiduciary and a beneficiary, each of which may be an individual, an organization, or a group of individuals or organizations. The fiduciary acts on behalf of the beneficiary. Trustees are fiduciaries for the beneficiaries […]

Jill Fraley, ‘Liability for Unintentional Nuisances’

Abstract The Second Restatement of Torts aligned private nuisance law squarely with the law of torts by altering the elements of liability to require 1) intent, 2) negligence, or 3) abnormally dangerous activities. The Restatement then concluded: ‘an actor is no longer liable for accidental interferences with the use and enjoyment of land’. Nearly forty […]

Kevin Toh, ‘Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation’

Abstract This paper is an attempt to exploit a set of analogies between music and law. Both the originalist movement in law and the so-called period instrument movement in classical music gathered momentum in earnest in the late 1970s and the early 1980s. And both were reactions to earlier traditions of interpretation, in law and […]

Lars Noah, ‘Doctors on the Take: Aligning Tort Law to Address Drug Company Payments to Prescribers’

Abstract The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to […]