Monthly Archives: May, 2024
John Goldberg, ‘On Being a Nuisance’
ABSTRACT Nuisance is once again a hot topic in legal practice and scholarship. Public nuisance law is at the center of efforts to hold product manufacturers, energy companies, and internet platforms liable for billions in losses. Scholars have in turn offered competing accounts of the legitimacy and scope of this form of liability. Meanwhile, private […]
Gregory Klass, ‘Convergence by Design: Who Contracts and the Plural Purposes of Contract Law’
ABSTRACT A theory is robustly pluralist if it maintains that law is justified by multiple independent nonordered principles. Some have argued that robustly pluralist theories are deficient because they can provide no practical guidance when those principles conflict. The objection is misplaced when applied to pluralist theories of contract law. This article demonstrates the possibility […]
Hila Keren, ‘The Unbearable Narrowness of Undue Influence’
ABSTRACT This chapter illuminates the unbearable narrowness of the doctrine of undue influence and calls for its expansion. Conventional applications of the doctrine focus on individuals who are extremely vulnerable to exploitation by those with whom they have close relationships. They fail to help in numerous other salient contexts in which power gaps between the […]
Christopher Drahozal, ‘Third-Party Boilerplate Providers and Contractual Black Holes’
ABSTRACT This paper considers how the theory of contractual black holes – as developed by Stephen J Choi, Mitu Gulati, and Robert E Scott – might apply to boilerplate contract terms from third-party boilerplate providers. Third-party boilerplate providers, such as trade associations and form sellers, are more likely to be not-for-profit entities and provide industry-standard […]
Bram Akkermans, ‘In Search for Sustainable Property Relations’
ABSTRACT As we move into the twenties of the new millennium there is ample evidence that we are in a climate crisis. Although this is not the first crisis of this century it is certainly more prevailing. In terms of eco-sustainability the world is dealing with an increase in global temperatures and a loss of […]
Vatiero and Schaefer, ‘Posner’s Economic Analysis of Law at Fifty and the Globalization of Jurisprudence’
ABSTRACT Richard Posner is undoubtedly one of the most influential legal scholars of the 20th century, one of the most prolific judges, and one of the most prominent public intellectuals. This special issue, compiling seventeen contributions by leading scholars from a range of countries, is on the occasion of 50th anniversary of the first publication […]
Taisu Zhang, ‘The Private Law Influence of the Great Qing Code’
ABSTRACT This chapter considers the socioeconomic functionality of legal codes and codification through the lens of late imperial Chinese legal history. Specifically, it asks whether formal legal codes can wield significant influence over private socioeconomic behavior despite being poorly enforced – or even unenforced – and whether such influence derives, in part, from the symbolic […]
Moshood Abdussalam, ‘A restatement of the legitimate interest criterion in the law of remedial contractual terms’
ABSTRACT This paper critiques the prevailing conception of the legitimate interest criterion as a factor in assessing the validity of remedial clauses. Since the decisions in Cavendish and Paciocco reinvigorated the ‘legitimate interest’ standard, there has been a general lowering of the bar in the enforcement of remedial clauses. This is particularly so in those […]
Diane Kemker, ‘Pro-Natalism in Probate Law’
ABSTRACT ‘Pro-natalism’ is a term that has been variously used to describe any and all government policies that favor birth, babies, children, families, and population growth, as well as more focused laws that incentivize childbirth; burden, ban, or criminalize abortion and/or contraception; and otherwise disfavor the childless. Whether and to what extent US law is […]
Feliú and Lida, ‘Quo Vadis, Fair Use? The Future of Fair Use After the Warhol Decision’
ABSTRACT This law review article critically examines the recent Supreme Court decision in Warhol v Goldsmith and its impact on fair use within the realm of visual art. The paper traces the historical development of fair use from its inception in Folsom v Marsh in 1841 to its formal integration into the Copyright Act of […]