Monthly Archives: March, 2022

Richard Healey, ‘Consent, Interaction, and the Value of Shared Understanding’

ABSTRACT Recent years have seen a proliferation of philosophical work on consent. Within this body of work, philosophers often appeal to an account of the interests, values, or functions that underpin the power of consent. By far the most commonly cited value realized by the power of consent is the promotion and protection of the […]

Andrew Phang, ‘Penalty clauses and restraint of trade – a view from Singapore’

“The central governing principle in contract and commercial law is freedom of contract. Indeed, any exceptions (such as the operation of vitiating factors) will necessarily be limited in scope as well as effect – lest uncertainty (which is the bane of contract and commercial law) ensues. Regardless of many theoretical views eschewing the concept of […]

Sara Cockerill, ‘Contractual estoppel – the case for coherent principles’

“The emergence of contractual estoppel in English law is a relatively recent phenomenon. It has met with remonstrations from some academics, but it has been largely unquestioned by the courts as a matter of principle. It has emerged in its current form and been subjected to three detailed discussions by the Court of Appeal in […]

Ned Snow, ‘Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind’

ABSTRACT This SSRN posting provides the first introductory chapter of a book. The book argues that certain intellectual creations should not receive copyright or patent protection because of their harmful effects on society. The introductory chapter previews the arguments addressed in each of the other chapters. Snow, Ned, Intellectual Property and Immorality: Against Protecting Harmful […]

Ellen Bublick, ‘Tort Common Law Future: Preventing Harm and Providing Redress to the Uncounted Injured’

ABSTRACT How do courts root themselves in traditional tort principles and policies and also develop tort common law in ways that befit contemporary values? This essay argues that judges should weave classic tort aims of harm prevention and redress with contemporary norms of equality of persons, to provide a fuller accounting to people foreseeably risked […]

Anthony Sebok, ‘The Deep Architecture of American COVID-19 Tort Reform 2020–21’

ABSTRACT The rapid emergence of the COVID-19 pandemic produced massive state actions to protect in public health through the exercise of the police powers by local, state and national governments. In the United States there were calls early in the crisis to exercise the state’s power over tort law: As early as April 2020, the […]

Ella Epstein, ‘The Need for Dignitary Justice for Tort Creditors in Chapter 11 Bankruptcy’

ABSTRACT The recent bankruptcies of Johnson & Johnson, the Boy Scouts of America, and Purdue Pharma have thrust the tight-knit world of Chapter 11 bankruptcy practice under the spotlight of public scrutiny. The Purdue case in particular sparked outrage and accusations that the Chapter 11 system serves the rich by keeping them insulated from liability […]

Patrick Gaughan, ‘The Global Benefits of the Law & Economics Framework in Legal Education: Overview (Part 1)’

ABSTRACT This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant […]

Demaree-Cotton and Sommers, ‘Autonomy and the Folk Concept of Valid Consent’

ABSTRACT Consent governs innumerable everyday social interactions, including sex, medical exams, the use of property, and economic transactions. Yet little is known about how ordinary people reason about the validity of consent. Across the domains of sex, medicine, and police entry, Study 1 showed that when agents lack autonomous decision-making capacities, participants are less likely […]

Loke and Sin, ‘Constructing Lawful Act Duress’

ABSTRACT The debate over whether the doctrine of lawful act duress exists has been settled in the affirmative by the UK Supreme Court in Times Travel (UK) Ltd v Pakistan International Airlines Corp. However, the elements by which one establishes lawful act duress was the subject of disagreement between by Lord Hodge (who delivered the […]