Monthly Archives: August, 2018

‘Can Facebook and Google survive the GDPR?’

“What the Cambridge Analytica debacle and the resulting US Senate hearing revealed in no uncertain terms is that the US does not have adequate data privacy laws. Despite the grandstanding by Senators, they demonstrated a lack of understanding of not only the workings of the data economy, but also of the laws of their own […]

Manuel Ángel De las Heras García, ‘Guilt, Risk and Civil Liability in Spain’

Abstract The offenses typify those socially reprehensible behaviors that are tried to avoid with the threat of suffering a punishment or sanction, that is to say, with the penal legislation. On the other hand, civil infractions tend to be remedied (but not punished) by applying the principle of equivalence, for which the responsible assumes the […]

Cass Sunstein, ‘The Power of the Normal’

Abstract Some of our judgments are unstable, in the sense that they are an artifact of, or endogenous to, what else we see. This is true of sensory perception: Whether an object counts as blue or purple depends on what other objects surround it. It is also true for ethical judgments: Whether conduct counts as […]

David Horton, ‘Wills Without Signatures’

Abstract We think of an unsigned ‘will’ as an oxymoron. Since 1837, the Wills Act has required testators in Anglo-American legal systems to memorialize their last wishes in a signed writing. But recently, several American states have adopted an Australian innovation called harmless error, which validates a botched attempt to make a will if there […]

Brian Frye, ‘Christmas in July: A Response to David Fagundes, “Why Less Property is More”’

Abstract A response to David Fagundes, ‘Why Less Property Is More: Inclusion, Dispossession, and Subjective Well-Being’, 103 Iowa Law Review 1361 (2018). Frye, Brian L, Christmas in July: A Response to David Fagundes, ‘Why Less Property is More’ (August 14, 2018). 103 Iowa Law Review Online 14 (2018).

Mohsen Manesh, ‘Fiduciary Principles in Unincorporated Entity Law’

Abstract This book chapter, prepared for the forthcoming Oxford Handbook of Fiduciary Law, provides a descriptive account of fiduciary principles in the context of unincorporated business entities, principally the general partnership, the limited partnership, and the limited liability company. Specifically, this chapter examines (a) the trigger for finding a fiduciary relationship within unincorporated entities; (b) […]

Cotropia and Gibson, ‘Convergence and Conflation in Online Copyright’

Abstract The Digital Millennium Copyright Act is showing its age. Enacted in 1998, the DMCA succeeded in its initial goal of bringing clarity to wildly inconsistent judicial standards for online copyright infringement. But as time has passed, the Act has been overtaken – not by developments in technology, but by developments in copyright’s case law. […]

Kit Barker, ‘Private Law, Analytical Philosophy and the Modern Value of Wesley Newcomb Hohfeld: A Centennial Appraisal’

Abstract Hohfeld is one of the best-known analytical philosophers to have written in the area of private law in western, common law legal systems in the twentieth century, but it is sometimes suggested that his scheme has had little impact on the law. One hundred years after his death, this article assesses the man and […]

Gregory Alexander, ‘Of Buildings, Statues, Art, and Sperm: The Right to Destroy and the Duty to Preserve’

Abstract Markets require some sort of property rights, including transferability. Without transferable property rights market relations cannot get off the ground. Moreover, markets assume that these rights refer to some resource, some thing that is the object of the market relationship. In this sense property is, as some commentators recently have argued, about things. Saying […]

Heather Daiza, ‘Wrap Contracts: How They Can Work Better for Businesses and Consumers’

Abstract In most online transactions, consumers enter into contracts without understanding or knowing the terms of the contract. Although technology has improved economic efficiency, and convenient access to low-cost or free products and services is now expected by consumers, the cost of conducting business is still high. The tradeoff for such convenience is forfeiting important […]