Monthly Archives: February, 2019

Frontiers of Private Law and its Theory: University of Amsterdam, 24-27 June 2019

The CSECL International Summer School serves as a platform for junior scholars to explore cross-cutting themes of private law and its theory, and provides participants with a unique opportunity to present their own work and receive meaningful feedback from their peers and the advanced scholars teaching the programme. This year’s Summer School is themed ‘Frontiers […]

David Schneider, ‘Why a Monkey’s Action of Taking a Selfie Should Expand the Definition of an Author in the Copyright Act’

INTRODUCTION … Part II of this Note introduces the case Naruto v Slater, which PETA and Engelhardt brought in the Northern District of California on behalf of Naruto. This Part also discusses the subsequent history of the case, which includes an appeal and settlement. Part III examines the Copyright Act of 1976 and analyzes Congress’s […]

Thomas Stufano, ‘Through the Smoke: Do Current Civil Liability Laws Address the Unique Issues Presented by the Recreational Marijuana Industry?’

INTRODUCTION … This Note will be divided into six sections. Section II will give a brief history of the evolution of personal injury and tort law. Section III will discuss the evolution of products liability law as well as litigation involving the recreational use of marijuana and similar products. Section IV will discuss third-party liability […]

Just Published: Prince Saprai, Contract Law Without Foundations: Toward a Republican Theory of Contract Law

The book attempts to break new ground in the philosophy of contract law by upending the orthodox picture of the field. In recent times, the philosophy of contract law has been dominated by the ‘promise theory’, according to which the morality of promise provides a ‘blueprint’ for the structure, shape, and content that contract law […]

‘Law Society’s guidance on IP and No-Deal Brexit’

“Earlier this month the Law Society published guidance that highlights what changes a no-deal Brexit would bring to the IP law of the United Kingdom. This paper is part of a series that covers various areas of law, all of which can be accessed here. Should the UK leave the EU on the 29th of […]

Henry Smith, ‘Complexity and the Cathedral: Making Law and Economics More Calabresian’

ABSTRACT This article argues that the Calabresi and Melamed’s ‘Cathedral’ framework of property rules, liability rules, and inalienability rules needs to be extended using the tools of complex systems theory in order to capture important institutional features of the law. As an applied field, law and economics looks to law in choosing the appropriate analytical […]

Maria Hook, ‘A First Principles Approach to Couples’ Property in the Conflict of Laws’

ABSTRACT This article asks how the conflict of laws should approach couples’ property as a matter of first principles, by reference to the law of New Zealand. It argues that lawmakers should make full use of the pluralist potential of general conflict of laws methodology, engaging in an explicit evaluation of the many – often […]

‘Trusts Remain Out of Favour with Wealthy Families’

“In the United Kingdom, advisors warn that wealthy families are steering away from trusts due to increased tax rates and concerns about privacy. The number of trusts that are being utilized has fallen for the third year in a row according to the latest statistics from HM Revenue and Customs. The total income reported in […]

Martijn Hesselink, ‘The Right to Justification of Contract’

ABSTRACT This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading monist and essentialist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic […]

Bang and Holle, ‘Making Legal History: State Liability for Negligence in Climate Change’

ABSTRACT In a recent judgment of 9 October 2018, the Gerechtshof Den Haag (the Hague Court of Appeals) ruled that the Dutch government was liable in tort for negligence by failing to comply with the duty of care to take adequate mitigation measures against climate change. The decision has wider bearings on public international law […]