Monthly Archives: April, 2019

James Penner, ‘From personal life to private law’

From personal life to private law, by John Gardner, Oxford, Oxford University Press, 2018, 256 pp, £29.99, ISBN: 9780198818755. The title of John Gardner’s delightful new book, From Personal Life to Private Law, is prima facie misleading. The book is not about private law as a whole, and largely concerns whatever duties to repair a […]

John Murphy, ‘The Heterogeneity of Tort Law’

ABSTRACT This article tests the plausibility of several leading, explanatory theories of tort by reference to the fact that tort law possesses neither the juridical nor the structural unity that the relevant theories ascribe to it. It considers a wide range of tort actions that reveal a much more heterogeneous body of law than any […]

Ronen Perry, ‘Civil Liability for Cyberbullying’

ABSTRACT Cyberbullying has become a notorious epidemic, culminating in widely publicized suicides. Whether a new and distinct problem or an old one in a new guise, the technological setting has undoubtedly generated new challenges and, at the same time, new opportunities for legal response. Regrettably, while delegation of power to educational institutions and criminalization of […]

University of Queensland: Associate Lecturer / Lecturer / Senior Lecturer in Law: Equity and Trusts, Maritime Law

… We’re offering three (3) Teaching and Research roles at Academic Levels A to C on a continuing basis. Commencing Semester 1 2020, our successful applicants will be subject matter experts in, or at least capable of teaching in, the fields of: Equity and Trusts; Maritime Law. You’ll teach into one or more of our […]

Adam Hofri‐Winogradow and Gadi Weiss, ‘Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform’

ABSTRACT Parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision‐making than other persons. The principal doctrinal basis for this advantage has shifted from the rule in Re Hastings‐Bass to rescission in equity. The article argues that this advantage is normatively unjustified, and recommends a uniform […]

BJ Ard, ‘More Property Rules than Property? The Right to Exclude in Patent and Copyright’

ABSTRACT Patent and copyright rely more consistently on property rules than property law itself. While IP law is intended to enhance intellectual production, the property-rule remedies of injunctive relief and punitive damages sometimes conflict with this goal. In particular, these remedies may dampen innovation by imposing unjustified costs on unwitting infringers and allowing opportunists to […]

Riefa and Saintier, ‘Unfair Commercial Practice Directive: Remedying Economic Torts?’

ABSTRACT The aim of the UCPD is to harmonise the laws on unfair commercial practices and with it bring adequate remedies for consumers victim of such practices. The text provided for maximum harmonisation, yet, the implementation raised considerable difficulty across Europe over the manner in which to transpose the text. One particular problem was that […]

Hanoch Dagan, ‘Why Markets? Welfare, Autonomy, and the Just Society’

Radical Markets: Uprooting Capitalism and Democracy for a Just Society. By Eric A Posner and E Glen Weyl. Princeton and Oxford: Princeton University Press. 2018. Pp. xxii, 293. $29.95. Countries around the world are currently experiencing a trend of rising inequality, stagnating economic growth, and political turbulence. In their ambitious new book, Radical Markets: Uprooting […]

Duane Rudolph, ‘Of Moral Outrage in Judicial Opinions’

ABSTRACT Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch […]

Vincent Smith, ‘Redress through collective actions in Europe: ELI/UNIDROIT and European Commission proposals’

ABSTRACT This article discusses the chapter of rules for collective actions in the European Law Institute (ELI) / International Institute for the Unification of Private Law (UNIDROIT) draft model rules of civil procedure for Europe. It considers them from two view points: at the beginning of the action (how the claimant group is formed) and […]