Monthly Archives: April, 2024

David Campbell, ‘Deconstructing Peter Goodrich’s Contract with Law’

ABSTRACT Peter Goodrich has taught the law of contract for more than 25 years. This is not reflected in his huge body of writing, of which his papers directly on or relating to the law of contract are only a minor part. These papers, however, shed a light on the legal theory for which he […]

Daniel Epstein, ‘The Natural Law Origins of Private and Public Law’

ABSTRACT This article attempts to counter the widespread skepticism that surrounds any appeal to natural law principles, starting with Roman law at one end and the appeal to general law under Swift v Tyson on the other. It steers a systematic middle course between moral absolutism, which treats all relationships as fixed and immutable, and […]

Gunther Teubner, ‘My Numerous Detours – Toward Private Law as Society’s Constitution’

ABSTRACT The author responds in two ways to the contributions in this special issue dealing with aspects of his scholarly work. In his first, more general response, he traces the influences that various institutions and individuals exerted on him and were reflected in his work on private law theory. In retrospect, he understands both his […]

Quigley and Skene, ‘Property Interests in Human Tissue: Is the Law Still an Ass?’

ABSTRACT Until recently, separated human bodily materials could not legally be the property of the person from whom they were removed under the common law. However, third parties could acquire property rights in these materials through the application of work or skill – the so-called ‘work or skill exception’ (hereafter the ‘work/skill’ exception). Although there […]

Juutilainen and Kaisto, ‘Co-ownership as a Solution to Commingling: A Finnish Perspective’

ABSTRACT This article studies the effect of commingling on ownership relations, and in particular co-ownership as a solution to these situations. The focus is first on tangible movables, but broadens to objects such as bank money, book entries, and virtual currencies. These intangible objects are account-based assets, or can be understood as such. The first […]

Dimitris Maniotis, ‘Konstantinos Kerameus and the Civil Procedural Unification in Europe’

Konstantinos D Kerameus (1937–2021), an outstanding teacher, who could fill his students with a creative power, occupies a position as one of the distinguished scholars in the field of international and comparative civil procedural law in our age. He has received a widespread international recognition. He derived profit from studying under Charalambos Fragistas in Thessaloniki […]

Dagan and Heller, ‘Autonomy Defaults’

ABSTRACT You can scribble an agreement on a napkin or hire lawyers to negotiate hundreds of pages. Either way, most of your contractual obligations won’t be in your agreement. They will be in the background rules contract law applies absent your express agreement. Getting the defaults right is a core task of contract law; justifying […]

‘Round-up of fashion-related IP decisions 2023’

ABSTRACT In 2023, courts and competent authorities in Australia, Czech Republic, Denmark, France, Germany, Italy, the Netherlands, Poland, Spain and the United Kingdom delivered a series of important rulings of interest to and affecting the fashion sector. This contribution provides a round-up of the most significant fashion-related IP judgments issued in the period 1 January […]

‘Stakeholderism Crosses Legal Lines’

Aneil Kovvali, ‘Stakeholderism Silo Busting’, 90 University of Chicago Law Review 203 (2023). Those who, like me, spend much of their time focused on corporate law know that over the past decade or so there has been a serious re-examination of the traditional American understanding that corporate directors and officers should focus exclusively on advancing […]

Kazuyuki Higashi, ‘Designing Contracts and Information Jointly’

ABSTRACT We consider a Bayesian persuasion problem with hidden action. When the principal can decide on both information structure and monetary transfer, which relies on the stochastic output, then full separation or full pooling contract is optimal. Higashi, Kazuyuki, Designing Contracts and Information Jointly (March 17, 2024).