Monthly Archives: January, 2024
Larry Bridgesmith, ‘ODR and the Justice System’
ABSTRACT Immediately following the pandemic of 2020, mediated disputes were postponed or canceled until mediators began to learn the techniques of remote work with virtual meeting tools like Zoom, Microsoft Teams, WhatsApp, GoogleMeets, WebEx, GoToMeeting and others. Like many forms of remote work, online dispute resolution (ODR) grew exponentially in the wake of Covid-19. This […]
Warren Swain, ‘Low-Value Civil Litigation in New Zealand 1841-1872’
ABSTRACT The Court of Requests in New Zealand in the 1840s was described in one newspaper report as ‘the people’s court’ which was ‘open to all’. The Court played an important role as a forum for low-level debt litigation. There were plenty of forerunners. A Court of Requests was well established for small claims litigation […]
Anamika Choubey, ‘Transparency in Patent Law’
ABSTRACT In the era of globalisation, brands play a vital and crucial role and thus protection of brand is very important for pharmaceutical, biotechnology and other industries. The World Trade Organisation’s foundation document, the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, is the most significant attempt to create a global harmonisation of intellectual […]
Richard Epstein, ‘Sequential Uses of Copyrighted Materials: Transforming the Transformative Use Doctrine In Andy Warhol Foundation v Lynn Goldsmith’
ABSTRACT The much anticipated case of Andy Warhol Foundation for the Visual Arts v Lynn Goldsmith presents serious questions on the relationship between derivative and transformative works under the copyright, where the former counts as an infringement and the latter does not. In Goldsmith, the famous artist exceeded the terms of the ‘artist reference’ license […]
Gerard Mondello, ‘A General Accident Model In a Risky Environment’
ABSTRACT The efficiency criterion (the highest level of care at the lowest accident cost) governs the comparison of performance between strict liability and negligence. This view stems from the initial standard accident model which under ideal conditions, ensures equivalence among liability regimes and assumes their potential substitutability. We develop a more general accident model which […]
Shahrzad Goudarzi, Vivienne Badaan, and Eric Knowles, ‘Neoliberalism and the Ideological Construction of Equity Beliefs’
ABSTRACT Researchers across disciplines, including psychology, have sought to understand how people evaluate the fairness of resource distributions. Equity, defined as proportionality of rewards to merit, has dominated the conceptualization of distributive justice in psychology; some scholars have cast it as the primary basis on which distributive decisions are made. The present article acts as […]
Thomas Byrne, ‘Legal causation’
ABSTRACT I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled. […]
Benjamin Sundholm, ‘Unsticking American Tort Theory’
ABSTRACT In the United States, the debate over the foundations of tort law is at an impasse. On one side of the dispute, economic theorists contend that tort law is primarily concerned with the forward-looking aim of maximizing societal wealth. The most prominent critics of this view claim that an economic analysis of tort law […]
Kimberly Krawiec, ‘No Money Allowed’
ABSTRACT The sale of organs and gametes, the use of commercial surrogates, and trade in blood and plasma are examples of what have been termed ‘contested commodities’ or ‘taboo trades’. These transactions, and others, have been the subject of long-running debate regarding their moral propriety. Although these disagreements about the nature of market boundaries are […]
Kenneth Simons, ‘The Hegemony of the Reasonable Person in Anglo-American Tort Law’
ABSTRACT Tort law has increasingly employed the rubric of the reasonable person in a variety of doctrinal domains. Many jurisdictions have rejected a differentiation of landowner duties according to the status of the entrant as trespasser, licensee, or invitee, and substituted a ‘reasonable person’ test. Assumption of risk has been eliminated or greatly narrowed in […]