Monthly Archives: August, 2020

Stephen Utz, ‘Causation and Fault Apportionment’

ABSTRACT We now have a professedly unified approach to assigning tort responsibility that treats simple and more complex cases in fundamentally different ways without acknowledging it. The strictly causal component of so-called ‘apportionment of fault’ (the US term) provides no basis for disproportionate assignments of liability but is treated as if it does. Other considerations […]

Lyman Johnson, ‘Why Corporate Purpose Will Always Matter’

ABSTRACT Business persons and lawyers (and law professors) perennially struggle over the question whether a business corporation does or should have a purpose other than advancing the interests of shareholders. After briefly setting the stage by describing the dispute over what the positive law of corporate purpose really is and the normative argument over what […]

Gilat Juli Bachar, ‘Money for Justice: Plaintiffs’ Lawyers and Social Justice Tort Litigation’

ABSTRACT Tort lawsuits brought in response to social injustice occasionally generate incentives for entrepreneurial plaintiffs’ lawyers to get involved in the litigation. What ethical responsibilities do such lawyers navigate in this space? And to what extent are they interested in, and well-positioned to produce, social change? The Article addresses these questions using a previously uncharted […]

Andrew Halpin, ‘No-Right and its Correlative’

ABSTRACT Disagreement and confusion have beset Hohfeld’s no-right from its emergence over a hundred years ago until present times, with recent important contributions to the discussion coming from Heidi Hurd and Michael Moore, and Matthew Kramer. This article aims to dispel the confusion over no-right by drawing attention to three straightforward points, and by providing […]

Hessick and Morley, ‘Interpreting Injunctions’

ABSTRACT Injunctions are powerful remedies. They can force a person to act or refrain from acting, dictate policies that the government must adopt, or even refashion public institutions. Violations of an injunction can result in contempt. Despite the importance of injunctions, courts have applied an astonishingly wide range of contradictory approaches to interpreting them. They […]

‘Is the new world order of the English Supreme Court sustainable?’

“As reported by IPKat, the Supreme Courts of England and Wales issued a landmark decision in the case of Unwired Planet vs Huawei and Conversant vs Huawei and ZTE. The cases address how to deal with international portfolios of standard essential patents and how to order the commercial relations between multinational technology companies. Apart from […]

Broccardo, Hart and Zingales, ‘Exit vs Voice’

ABSTRACT We study the relative effectiveness of exit (divestment and boycott) and voice (engagement) strategies in promoting socially desirable outcomes in companies. We show that in a competitive world exit is less effective than voice in pushing firms to act in a socially responsible manner. Furthermore, we demonstrate that individual incentives to join an exit […]

Timothy Kelly, ‘The Third Restatement and the Jurisprudential Evolution of Duty: Tracking the “Duty War” in Palsgraf and Beyond’

ABSTRACT The paper is about the jurisprudential evolution of the concept of duty from the early times of Blackstone, Austin, and Holmes, through each of the three Restatements of Torts, and up to the present day. I frame this history using the Palsgraf debate between Justice Cardozo and Judge Andrews as a touchstone for analysis. […]

Lynda Butler, ‘The Importance of Viewing Property as a System’

ABSTRACT Serious questions are now being raised about the viability of American capitalism and the American property regime that enables capitalism to exist and thrive virtually without constraint. Those questions arise in the context of global problems of extremes that threaten the integrity of Earth’s biophysical systems and undermine the stability of political and social […]

Alexander Waghorn, ‘Sorting Out Mixtures of Property at Common Law’

ABSTRACT This article asks a simple question: when indistinguishable items of personal property owned by A and by B are mixed together, what rights do A and B have in relation to the resultant mass? It is argued that there is insufficient evidence in the positive law to provide any convincing answer to this question, […]