Monthly Archives: October, 2018

Mark Giancaspro, ‘Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes’

Abstract Perhaps as often as contracts are made, they are breached. When breaches occur, it falls to the innocent party to quantify and make a claim for their losses informally or through the courts (if they choose to do so). An award of compensation under contract law is premised upon the goal of restoring the […]

Olubukola Adeyemi Olugasa, ‘Access to Justice: A Contest between Legal Skill and Technology?’

Abstract A current burning debate in legal practice today appears to be the man-made fight for superiority between the skills of legal practitioner and the legal artificial intelligence skill provided by information and communication technology (ICT) loosely tagged as ‘legal technology’. The essence of the debate is that legal technology can replace legal practitioners’ role. […]

Hans‐W Micklitz, ‘The Politics of Behavioural Economics of Law’

Abstract Hans-W Micklitz searches for the politics of behavioural economics of law. It implies a need to place behavioural law and economics into context – historically, politically, philosophically, theoretically and methodologically. The overall argument is that it is economic efficiency that stands predominantly behind behavioural law and economics, insinuates a value change away from the […]

Catherine Sharkey, ‘In Search of the Cheapest Cost Avoider: Another View of the Economic Loss Rule’

Abstract The economic loss rule in tort engages two fundamental theoretical questions: (1) which interests should tort law protect; and, more pointedly, (2) how should we think about claims that arise along the boundary line between tort and contract? This Article advances two claims that aim to clarify this controversial, often misunderstood, doctrine. First, it […]

Lars Noah, ‘“Go Sue Yourself!” Imagining Intrapersonal Liability for Negligently Self-Inflicted Harms’

Abstract Are ‘self-inflicted’ harms actionable? Courts increasingly have allowed victims to identify other (typically unrelated) parties that may share responsibility for such injuries. Moreover, insofar as judges now also permit lawsuits against closely related parties, they arguably have expanded what it means for a harm to qualify as self-inflicted. Taking these various doctrinal developments to […]

Christine Borgman, ‘Open Data, Grey Data, and Stewardship: Universities at the Privacy Frontier’

Abstract As universities recognize the inherent value in the data they collect and hold, they encounter unforeseen challenges in stewarding those data in ways that balance accountability, transparency, and protection of privacy, academic freedom, and intellectual property. Two parallel developments in academic data collection are converging: (1) open access requirements, whereby researchers must provide access […]

‘Brief for Samuel L Bray as Amicus Curiae Supporting Petitioners, Merck and Co v Gilead Sciences, Inc

Abstract One of the long-standing maxims of equity is that ‘he who comes into equity must come with clean hands’. It is closely related to the maxim that ‘he who seeks equity must do equity’. These equitable principles are ‘an historical reflection of the fact that courts of equity began as courts of conscience’. In […]

Maria Paula Saffon, ‘Property and Land’

Abstract Recent Latin American constitutions tend to share two peculiar features: they recognize and protect the collective and inalienable land ownership of ethnic groups to their ancestral lands; they also declare the State’s duty to ensure access to land property to the landless through the allocation of public lands and the expropriation of private ones. […]

Dale Smith, ‘What is Statutory Purpose?’

Abstract While there is considerable disagreement about what role statutory purpose should play in the interpretation of legislation, it is widely accepted that purpose has some role to play. This is despite the fact that there is little in the way of agreement about what statutory purpose is. In this paper, to be published in […]

Greenleaf, Chung and Mowbray, ‘Speaking Notes: Launch of the Foundations of the Common Law Library (1215-1914)’

Abstract It is now more than 800 years since the Magna Carta of 1215, soon after which English law started to document its history. In some ex-colonies of the British Empire, the common law has been part of their legal history for over 200 years. This presentation sets out the background to the Foundations of […]