Monthly Archives: October, 2019

Giovanni Tuzet, ‘Calabresi and Mill’

ABSTRACT The paper asks four questions: (1) Is the bilateralism of law and economics praised by Calabresi a form of ‘reflective equilibrium’? (2) Is Mill’s harm principle compatible with ‘third-party moral costs’? (3) How are we to distinguish the moral externalities that are to be given weight from those that are not? (4) How are […]

Kesan and Gallo, ‘The Political Economy of Intellectual Property Reforms’

ABSTRACT Intellectual property (IP) law regimes in the United States are designed as tradeoffs between protection for creators (inventors, authors, and the like), and the interests of the consuming public. Reform of the patent system does not ascribe to a general idea of optimality or system efficiency but must address and respond to a complex […]

Rory Van Loo, ‘Broadening Consumer Law: Competition, Protection, and Distribution’

ABSTRACT Policymakers and scholars have in distributional conversations traditionally ignored consumer laws, defined as the set of consumer protection, antitrust, and entry barrier laws that govern consumer transactions. Consumer law is overlooked partly because tax law is cast as the most efficient way to redistribute. Another obstacle is that consumer law research speaks to microeconomic […]

‘Out now: When Private International Law Meets Intellectual Property – A Guide for Judges

“The World Intellectual Property Organisation (WIPO) and the Hague Conference on Private International Law (HCCH) have just published When Private International Law Meets Intellectual Property – A Guide for Judges. The guide, which has been co-authored by Annabelle Bennett (Former Judge at the Federal Court of Australia) and Sam Granata (Judge at the Court of […]

Pamela Foohey, ‘Debt’s Emotional Encumbrances’

ABSTRACT This chapter focuses on the role of emotions in the theory and practice of commercial and consumer credit laws, including bankruptcy, in the United States. It assesses knowledge about people’s emotions regarding personal and business financial problems, and evaluates how ‘money law’ systems account for these emotions. This assessment finds that emotions surrounding taking […]

Paul Davies, ‘Bad Bargains’

ABSTRACT It is often said that the courts will not save parties from bad bargains: as Lord Nottingham observed, even ‘the Chancery mends no man’s bargain’. This article considers what is meant by ‘bad bargain’, and argues that courts should be reluctant to develop the law in a way which would allow sophisticated commercial actors […]

Cho, Frankel and Martin, ‘Law and Lemons’

ABSTRACT We study how statutory-law changes relate to disclosure, pricing, and liquidity in the used-car market. Federal odometer laws mandated disclosure of mileage on car titles upon ownership transfer and thereby enhanced enforcement of odometer-fraud prohibitions. Exploiting time variations in state implementation of odometer regulations, we have four key findings. First, the frequency of mileage […]

Mark Giancaspro, ‘Testing the boundaries of the consideration doctrine: Can you contract to buy and sell a ghost?’

ABSTRACT This article considers whether contracts to purchase ‘haunted’ objects are legally enforceable under Australian contract law. ‘Dybbuk boxes’, and related paraphernalia said to be possessed by spirits, are becoming increasingly popular on online shopping sites and as tourist attractions following recent high-profile incidents involving celebrities such as American rapper and record producer Post Malone. […]

Tritt and Teschner, ‘Re-Imagining the Business Trust As a Sustainable Business Form’

ABSTRACT An important policy debate has emerged in the United States concerning how business should evolve to encapsulate more fully the burgeoning sustainability-conscious management paradigm. At issue in this debate is the proper role of business in society. The modern trend in business is to consider more than just shareholder profits. In the United States, […]

Jed Lewinsohn, ‘Paid on Both Sides: Quid Pro Quo Exchange and the Doctrine of Consideration’

ABSTRACT I scratch your back, you scratch mine – how must these services relate in order to constitute a quid pro quo exchange? In the typical quid pro quo exchange, each party agrees to do their part in order to get the other party to do theirs; each conditions their own willingness to perform on […]