Monthly Archives: August, 2018

Tamar Frankel, ‘The Rise of Fiduciary Law’

Abstract The law that defines and regulates fiduciary relationships appears in many legal areas, such as family law, surrogate decision-making, international law, agency law, employment law, pension law, remedies rules, banking law, financial institutions’ regulation, corporate law, charities law not for profit organizations law, and the law concerning medical services. Fiduciary relationships, and the concepts […]

David Nevins, ‘Trade Secrets – A Detailed Analysis of Domestic and Global Challenges’

Abstract The vast development of the recognition of trade secret rights from roots in English common law to the Agreement on Trade Related Aspects of Intellectual Property (TRIPs) has ensured that the topic has recently been subject to intense scrutiny. Over the past thirty-five years, trade secret protection has become an essential method for companies […]

Nikolaos Davrados, ‘Demystifying Enrichment Without Cause’

Abstract This Article explores two mysteries surrounding the theory of enrichment without cause that still bedevil scholars and the courts – the theory’s foundation and its scope of application. Part I examines the history, characteristic features, and underlying principles of enrichment without cause as a source of obligations and a special expression of the more […]

Nora Freeman Engstrom, ‘When Cars Crash: The Automobile’s Tort Law Legacy’

Abstract Everyone understands that the invention of the automobile has had a profound effect on daily life in America. It has transformed our workplaces, altered our neighborhoods, and radically changed our environment. But cars have never been perfectly safe, and, as the years have passed, injuries and fatalities have mounted. This Article contends that, just […]

Nora Freeman Engstrom, ‘The Diminished Trial’

Abstract Civil trials, many have noted, are going the way of the dodo bird. Federal courts conducted half as many civil trials in 2016 as they did in 1962, even while disposing of over five times as many civil cases. A similar trend is apparent in the states. Of course, this trajectory has not escaped […]

David Fox, ‘Cryptocurrencies in the Common Law of Property’

Abstract The development of cryptocurrency technology has been driven by a desire to create autonomous systems for carrying out digital transactions. The people who use them may neither seek nor want extraneous legal intervention. Property law is as much a kind of state intervention as all the more familiar rules of financial or securities regulation […]

Just Published: The Oxford Handbook of Distributive Justice (Serena Olsaretti ed)

Distributive justice has come to the fore in political philosophy in recent decades: how should we arrange our social and economic institutions so as to distribute fairly the benefits and burdens of social cooperation? Thirty-eight leading figures from philosophy and political theory present specially written critical assessments of the state of research into a broad […]

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

Abstract For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended […]

Philip Devenish, ‘Enforcement in England and Wales of arbitral awards set aside in their country of origin’

Abstract In the decision of Nikolay Viktorovich Maximov v Open Joint Stock Company ‘Novolipetsky Metallurgichesky Kombinat’, the English High Court dismissed the claimant’s application to enforce a Russian arbitral award that had been set aside in Russia. The High Court held that in order to refuse recognition of the annulment decision, ‘[t]he decision of the […]

Avraham and Wickelgren, ‘Third Party Litigation Funding with Informative Signals: Equilibrium Characterization and the Effects of Admissibility’

Abstract Litigation funders provide non-recourse loans to plaintiffs who repay these loans if and only if they prevail. The loan’s interest rate reflects the funder’s information about the strength of the plaintiffs’s case. We analyze a monopoly and a two-firm Bertrand model. Bertrand competition does not eliminate funder profits or inefficiency. Making the funding contract […]