Monthly Archives: March, 2022

Deborah Gerhardt, ‘Copyright Publication on the Internet’

ABSTRACT This Article tackles the question of when a work distributed over the Internet is published as a matter of copyright law. Copyright publication doctrine retains significant practical importance and can have a dispositive impact on the economic value of a work. Publication can also determine whether a court has jurisdiction over a copyright claim. […]

Marc Steinberg, ‘To Call a Donkey a Racehorse – The Fiduciary Duty Misnomer in Corporate and Securities Law’

ABSTRACT A recurrent theme in corporate law is the presence of directors and officers owing fiduciary duties of care and loyalty to the respective companies they serve. Although not as visible in the securities law setting, concepts of fiduciary duty-like obligations arise with some frequency. While the rigorous application of fiduciary standards was applied in […]

Güver and Kneer, ‘Causation and the Silly Norm Effect’

ABSTRACT In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the ‘common understanding’ and that which is ‘natural to say’ (Burrage v United States) when it comes to expressions relating to causation, and frequently […]

Anthony Sebok, ‘The Public Right and Wrongs: Tort Theory and the Problem of Public Nuisance’

ABSTRACT Tort theory over the past two decades has been characterized by a fruitful dialectic between two models. Instrumentalism, especially, in its deterrence mode, has been promoted by a wide coalition of scholars and jurists. In response, various critics of instrumentalism have argued for the autonomy of tort law, first under the umbrella of corrective […]

Eric Priest, ‘An Entrepreneurship Theory of Copyright’

ABSTRACT The dominant utilitarian formulation of copyright incentives is preoccupied with reducing copyright’s social costs by limiting an author’s income to the precise amount necessary to incentivize production of a particular work. Under that approach, the grant of copyright is considered by many to be social waste when authors create for intrinsic reasons. This Article […]

Arie Rosen, ‘The Role of Democracy in Private Law’

ABSTRACT The purpose of this chapter is to evaluate the division of labour between democratic and professional procedures for generating private law. By ‘professional procedures,’ I mean both adjudication and legislative processes controlled by members of the legal profession. By ‘democratic procedure,’ I mean legislation in which democratic processes of elections, representation, deliberation, and voting […]

Ashish Kumar Srivastav, ‘Reach of Intellectual Property Rights in Digital Commerce: An Indian Perspective’

ABSTRACT The Indian digital commerce market is growing exponentially with the rapidly changing trends of the India’s urban lifestyle and robust investments. As stated in the joint report (2016) by Boston Consulting Group and Retailers Association of India, the Indian E-commerce market size for goods is expected to jump about five times to $40-50 billion […]

Christoph Busch, ‘Granular Property Law: Recalibrating Optimal Standardization of Property Rights in the Internet of Things’

ABSTRACT The numerus clausus principle, which limits both the number and content of property rights, has been explained by law and economics scholars as a device for reducing information costs. From this perspective, a more complex system of property rights can only be achieved at the price of less legal certainty or, in economic terms, […]

De Barbieri and Fruchter, ‘Digitizing the Warranty of Habitability’

ABSTRACT The warranty of habitability was touted fifty years ago as a gamechanger in rebalancing power between tenants and landlords. Under the warranty, a residential tenant’s duty to pay rent is conditioned on a landlord’s obligation to make repairs. Scholars who have studied the warranty of habitability have focused on its defensive use, primarily when […]

‘What We Think About When We Think About Ownership’

Aaron Perzanowski, ‘Consumer Perceptions of the Right to Repair’, 96 Indiana Law Journal 361 (2021). Property scholars have long noted a gulf between the way laypeople think about ownership and how property law actually works. This gulf has widened in the digital age, as our beliefs about what we own and what ownership means have […]