Category Archives: Remedies and Procedure
Coe, Moosavian and Wragg, ‘Addressing strategic lawsuits against public participation (SLAPPs): a critical interrogation of legislative, and judicial responses’
ABSTRACT Strategic Lawsuits Against Public Participation (SLAPPs) are abusive legal actions or threats brought by powerful parties to suppress criticism. This article is the first to interrogate the efficacy of the policy and legislative responses to SLAPPs in Europe and in England and Wales. It is also the first to provide extensive analysis of how […]
Issacharoff and Martin, ‘Putting Railroad Justice Back on Track’
ABSTRACT State courts across the country are being overrun by assembly line claimants executing collection judgments against unrepresented defendants who, for the most part, have neither the incentive nor the wherewithal to even enter an appearance. These defendants, quite simply, are being railroaded through a legal system characterized by an ever-diminishing pretense of adjudication. The […]
Alexandra Kosta-Foti, ‘Money, currency and contracts: an alternative view of RTI Ltd v MUR Shipping BV ’
INTRODUCTION Money and payment are at the epicentre of commercial and financial transactions. Suppose that A and B are in a creditor–debtor relationship. Determining how B can discharge the debt will first depend on the contractual agreement between the parties, but also the unit of account – the measure of the value – of the […]
Michael Pratt, ‘Why Are Deposits Deducted from Damages?’
ABSTRACT The deposit is a very old common law device for securing the performance of a contract. Ubiquitous in real estate transactions, deposits are also routinely used in other commercial contexts. Despite its antiquity, the law of deposits has not worked itself entirely free of difficulty. In this paper I examine a seldom-noticed puzzle at […]
Elizabeth Chambliss, ‘Rural Legal Markets’
ABSTRACT Research on rural access to justice tends to appeal to a romantic conception of rural lawyers as accessible generalists who serve the public through pro bono, low bono, and community service, and some characterize rural private practice as public interest work. Many commentators call for programs to attract law graduates to rural locations and […]
Frederick Amara, ‘Revisiting Contractual Penalty Clauses: A Critical Analysis of Implied Terms and Breach in Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis in Modern Contract Law’
ABSTRACT The Supreme Court’s rulings in Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis represent a transformative moment in UK contract law, particularly concerning the enforceability of penalty clauses and non-compete agreements. These conjoined cases addressed critical legal principles surrounding the balance between contractual obligations and legitimate business interests. In […]
Edward Janger, ‘Enterprise, Liability, and Insolvency: An Essay in Honor of Aaron Twerski’
ABSTRACT Modern tort law links concepts of duty, duty of care, causation, and compensatory damages in a manner that, it is hoped, simultaneously communicates moral suasion, redresses wrongs, and incentivizes ‘reasonable’ socially appropriate behavior. Deterrence and corrective justice differ fiercely about the scope of and rationale for liability, but both assume that tortfeasors are good […]
Smith and Popovici, ‘equity is not Equity’
ABSTRACT Like many before us, we will use ‘Equity’ to refer to Maitland’s Equity: the body of rules administered by the Chancery. By contrast, we use ‘equity’ to refer to the correction of the law in the furtherance of justice. Many jurists in the common law tradition equate Equity with equity: they may unconsciously assume […]
Overheul, van den Bos and Rijnhout, ‘Reactions to no-fault compensation schemes for occupational diseases in the Netherlands: the role of perceived procedural justice, outcome concerns and trust in authorities’
ABSTRACT Financial redress for victims of occupational diseases can be offered through no-fault compensation schemes. No-fault compensation schemes have an explicit mission in promoting perceived fairness and justice. The objective is to offer a quick, fair and just procedure and outcome, while preventing civil court procedures and restoring trust. However, the question is whether applicants […]
Helland and Klerman, ‘Contingent Fees and Access to Justice’
ABSTRACT Using a unique dataset from New York City, this article shows that contingent fees seem to have, at least partly, solved the access-to-justice problem in tort litigation. People in poorer zip codes, in fact, make legal claims at a higher rate than those in wealthier areas. This greater propensity to seek and achieve legal […]