Monthly Archives: July, 2024
Murat Mungan, ‘Market Share Liability versus (Random) Strict Liability’
ABSTRACT I consider a model in which firms engage in Cournot competition in producing potentially harmful products. In addition to choosing output, they also choose safety precautions, which affects each product’s likelihood of harm to third parties. The liability regime in place thus potentially affects not only the safety precautions taken by the firms, but […]
Anthony Sebok, ‘Aaron Twerski: Practical Wisdom at Ground Zero’
ABSTRACT This Article celebrates Professor Aaron Twerski’s ‘practical wisdom’ in crafting a solution (with Jim Henderson) to a problem faced by Judge Alvin Hellerstein in the 9/11 First Responder cases. The problem was that Congress did not include these plaintiffs within the Victims Compensation Fund (‘VCF’) despite there being every reason to suspect that the […]
Tatjana Josipović, ‘Scope of Application of the Unfair Contract Terms Directive: Is It Time for a New Compromise?’
ABSTRACT The scope of application of the Unfair Contract Terms Directive (UCTD) is defined as ‘delicate compromises between the legal traditions of different Member States’. These compromises are the results of the alignment of various national models of regulation of the unfairness control of contract terms based on different approaches (market oriented approach or consumer/weaker-party-protection […]
Marc Ginsberg, ‘The Ultra (and Nearly Ultra) Locality Rules Persist! Why Continue to Ignore Modern Medicine and Contort The Standard of Care?’
ABSTRACT The use of the locality rule to define or modify the medical standard of care is inconsistent with modern medicine. Nevertheless, various states in the US continue to adhere to a locality rule. This paper revisits this topic, about which I have previously written, by focusing on Idaho, Nebraska, Tennessee and Arkansas. The paper […]
Klein and Roesler, Property: Cases, Problems, and Skills (Aspen Publishers 3d ed 2024)
ABSTRACT The text emphasizes the rich tapestry of human relationships embedded in the ownership of real and personal property. Five recurrent themes highlight tensions inherent in property law and encourage students to think more broadly about property as a unified discipline: (1) possession and dispossession (highlighting how possession by some can lead to the dispossession […]
‘Right to Repair and Intellectual Property’
The ‘right to repair’ movement is currently gaining momentum, as also confirmed by a directive recently approved by the European Council. Broadly speaking, such a right aims at giving consumers the liberty to enjoy products efficiently for a longer period of time. Every product has indeed a period for which it functions effectively, beyond which […]
‘Breach it and weep: deemed fulfilment ain’t fictional’
The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt. The dispute was about the sale of four second-hand oil tankers. As part of the terms of sale, Ridgebury had to […]
Paul Raffield, ‘Shakespeare and the theatre of early modern law’
ABSTRACT Taking as my cue the Introduction to the First Folio edition of his plays, I examine Shakespeare’s particular interest in English law and juridical procedure. It is likely that his considerable, detailed knowledge of law derived at least in part from his association with the Middle Temple, whose members included neighbours and friends from […]
Georgia Antonopoulou, ‘Forum Marketing in International Commercial Courts?’
ABSTRACT Forum selling is a legal term used to describe the practices of courts and judges, geared towards attracting cases, such as increasing the predictability of judgments or speeding up trials. However, do courts also go beyond forum selling to attract cases? Taking international commercial courts as its focus, this article explores how these courts […]
Eleanor Eldridge, ‘Rights That’
ABSTRACT Hohfeld was acutely aware of the ‘potent tendency [of words] to control thought’. He was perhaps less aware of the power of syntax to do the same. Hohfeld’s tendency to express the content of duties and liberties in the syntactically restrictive to ϕ form has allowed a corrupted version of his analytical scheme to […]