Monthly Archives: January, 2019

Andrew Robertson, ‘Purposive contractual interpretation’

ABSTRACT It is now well recognised that contractual purposes play an important role in the construction of contracts. The methods by which purposes are taken into account have not, however, been systematically explored. This paper considers three central issues in the purposive construction of contracts: first, the reasons contractual purposes are relevant to the interpretation […]

Chang and Smith – Convergence and Divergence in Systems of Property Law

“Yun-chien Chang and I have a paper out on SSRN about comparative property law. We differentiate between aspects of property law that are structural versus those that are stylistic and between those that are more integrated into the law and those that are more detachable. We derive some predictions for cross-linguistic variation, which we illustrate […]

Rethinking Property Approaches in Resources for the Circular Economy: Coventry University, 21 June 2019

Faced with constrained resources and the needs for sustainable models of growth, there are growing calls to transition to ‘circular economies’ in which resource and waste streams are reused, recycled, or recovered instead of sent to landfill or incinerated in order to achieve both economic prosperity and environmental protection. The challenge lies in operationalising such […]

Gregory Crespi, ‘Does Failure to Mitigate Damages Bar Recovery of the Costs of Mitigation?’

ABSTRACT It is well established that a person who makes reasonable efforts to mitigate her damages after a breach of contract will be able to recover the costs of those mitigation efforts as incidental damages and that a person who fails to make such efforts will be denied recovery of the damages that could have […]

Markovits and Schwartz, ‘Plural Values in Contract Law: Theory and Implementation’

ABSTRACT Private law theory must confront the plurality of values that inform the problems that private law addresses in practice. We consider Hanoch Dagan’s and Michael Heller’s The Choice Theory of Contracts as a case-study in the promise and perils that embracing plural values poses for private law theory. We begin by arguing that private […]

‘Abandoned at the Nexus of Contracts’

Usha R Rodrigues, Law and the Blockchain, 104 Iowa Law Review 679 (2019). Usha Rodrigues’s article on the firm as a nexus of ‘smart’ contracts made me think of Mary Shelley’s Frankenstein. Maybe it is her use of ‘contracts made flesh’, the images of digital organisms mimicking their ‘corporeal’ prototypes (creepy, if confusing), or the […]

Matthew Seligman, ‘The Error Theory of Contract’

ABSTRACT Many people have false beliefs about contract doctrine. That pervasive phenomenon has profound practical, theoretical, and normative implications that neither courts nor scholars have recognized. This Article will make three contributions to fill that gap. First, it will establish just how widespread the phenomenon is among non-lawyers. After synthesizing the existing evidence of false […]

‘The American Law Institute to Complete Restatement of the Law Third, Torts’

“PHILADELPHIA – The American Law Institute (ALI) announced today that it will begin three new Torts projects, which will complete the ongoing Restatement Third, Torts project. The three projects are Defamation and Privacy, Remedies, and Concluding Provisions. The revision of the Restatement Second of Torts began in the early 1990s …” (more) [ALI, 28 January]

Research Assistant / Research Associate / Research Fellow: Centre for Banking and Finance Law, National University of Singapore

“The Centre for Banking and Finance Law (CBFL) at the Faculty of Law, National University of Singapore seeks to be at the cutting edge of legal developments in banking and finance by contributing ideas for improving the financial system at the national, regional and global levels …” (more)

Levine and Sichelman, ‘Why Do Startups Use Trade Secrets?’

ABSTRACT Empirical studies of the use of trade secrecy are scant, and those focusing on startups, nonexistent. In this Article, we present the first set of data – drawn from the Berkeley Patent Survey – on the use of trade secrets by US startup companies in the software, biotechnology, medical device, and hardware industries. Specifically, […]