Monthly Archives: August, 2018

Jacobien Rutgers, ‘Choice of Law in b2b Contracts: the Law of the Jungle: Exploratory Interviews with Dutch Lawyers’

Abstract Is the law of the jungle the guiding principle with respect to choice of law clauses in international contracts between businesses (b2b contract)? Does a choice of law imply the rule of the strongest party? These and other questions are discussed in the light of 18 exploratory qualitative interviews with Dutch senior practising lawyers […]

Call for Papers: ‘Reputation as Property’

In this workshop, organised in association with the Private Law Group at Trinity College Dublin, we seek to bring together property and torts scholars to discuss both theoretical and doctrinal approaches to the question of whether reputation is property or not. We are interested in examining the contexts in which reputation as property already exists […]

Mark Studer, ‘Inconvenient Art Bequests’

“The recent biographical film Mr Turner was based around the last 25 years of the painter’s life, culminating in his death incognito in Chelsea. What the film omitted was any particulars of Turner’s testamentary dispositions, or the flurry of Chancery litigation to which his Will and its Codicils subsequently gave rise. Turner made his first […]

Michael Duff, ‘How the US Supreme Court Deemed the Workers’ Compensation Grand Bargain ‘Adequate’ Without Defining Adequacy’

Abstract During the second and third decades of the twentieth century, the US Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation […]

Bai, Mao and Tao, ‘Breach Inducement Activities and Performance of Breach Remedies’

Abstract This paper offers an explanation for why the courts generally prefer expectation damages instead of specific performance or liquidated damages. The paper takes into account the possibility of breach inducement activities – actions taken by one contracting party to make it more costly for the other party to perform the contract between them. The […]

Margaret Ryznar, ‘Robot Love’

Abstract Researchers have been developing a sophisticated humanoid robot that people in the future may want to marry. A human-robot marriage would pose all kinds of challenges for lawmakers – from the question of whether robots could be granted custody of children or access family bank accounts, to the basic question of free will. Any […]

Medical Litigation Conference, NUI Galway, Saturday 20th October, 9am-4.30pm

The School of Law NUI Galway and Dr Stephen Kearns, Consultant Orthopaedic Surgeon, Bon Secours Hospital, Galway, are delighted to host a one-day conference on medical negligence litigation at NUI Galway on Saturday 20th October, 2018. The conference is aimed at medical and legal practitioners and will address key issues in medical negligence … (more)

Symposium on ‘The Ius Commune Casebook on European Law and Private Law’ (ELTE Law Journal)

Guest Editorial Preface (Carla Seiburgh and Balázs Fekete) Introduction (Arthur Hartkamp) Taking European (Private) Law Seriously (Attila Menyhárd) Taking the Next Step Towards More Equality (Carla Seiburgh) The Principle of Non-discrimination in Private Law Relationships (Réka Somssich) The Issue of Directives and Ex Officio Application of Primary EU Law (Balázs Fekete) Directives and Ex Officio […]

Martha Chamallas, ‘Will Tort Law Have Its #Me Too Moment?’

Abstract Using tort law’s treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine. When informed by feminist theory, history can function as a critique of past and […]

‘Fernandez’s Pierson v Post: The Hunt for the Fox’

“Cambridge University Press still lists it as coming soon and not published until next month, but I’ve already spotted it on Google books, and I’m teaching the case for the 45th time (more or less) this afternoon, so I’m posting now anyway. That’s right, ‘Pierson v Post, The Hunt for the Fox: Law and Professionalization […]