Monthly Archives: June, 2025
Paterson and Engelberg, ‘Restructuring and Bargaining Theory’
ABSTRACT Drawing on the work of Ronald Coase, this article takes as its starting point the proposition that, in a world of zero transaction costs, creditors would reach a consensual renegotiation of a financially distressed firm’s capital structure necessary for the firm to return to profitability. There are, however, significant transaction costs in the real […]
Philip Sales, ‘Certainty and Flexibility in the Law: Insights from English Law’
… Certainty and flexibility in law is without doubt a big and important topic. I believe that maintaining a reasonable balance between certainty and flexibility is a central aim of any legal system. My lecture is focused on the legal system in the UK, but I think that this is illustrative and I hope that […]
‘Third-Party Litigation Funding’ – special number of Utah Law Review
Third-Party Litigation Funding (Jonas Anderson) Predicting Federal Third-Party Funding Regulation (Victoria Shannon Sahani) Third-Party Funding of Patent Litigation: Problems and Solutions (Korok Ray and Adam Olson) Don’t Go Chasing Litigation Funding Waterfalls (David S Abrams and Tom Baker) Does Third Party Litigation Funding Need Regulations on Consumer Protection (Ronen Avraham, Eric Schuller and Tony Sebok […]
Dagan and Dorfman, ‘The Powers of Discrimination’
ABSTRACT This paper defends a novel conception of discrimination as based on the idea of normative powers. We begin by challenging some contemporary philosophical approaches to the characterization of discrimination and its wrongfulness. Contrary to these approaches, we argue that discrimination is not harm-based (even when harm is broadly conceived), and that its wrongfulness is […]
‘Understanding Private Law Remedies’
Katy Barnett and Sirko Harder, Private Law Remedies (2025). It’s time to get excited about deepening your understanding of the law of remedies. Law schools should deepen their commitment to hiring professors to teach remedies courses, and scholars should add remedies perspectives to their research agendas. (If you are wondering ‘How Remedies Became a Field’, […]
Alec Morris, ‘Bare trusts and private purpose powers’
ABSTRACT Private purpose powers are crucial to the functioning of non-charitable unincorporated associations and Quistclose trusts – both of which concern bare trusts. However, a sufficient understanding of what a bare trust is, as well as overreaching, reveals a fundamental problem: explaining how these powers overreach the equitable interests. They can do so, it is […]
Jamalifar, Allameh and Nikdoosti, ‘The Impact of Fundamental Rights on the Adjustment of Private Contracts’
ABSTRACT In today’s world, fundamental human rights play a vital role in the realm of contract law, to the extent that the content of contracts must conform to this category of rights. In this study, the author aims to clarify the necessity of the influence and penetration of fundamental rights in the domain of private […]
Avihay Dorfman, ‘Property and the Sources of Inequality’
ABSTRACT In this essay, I advance three general claims concerning the rich and intriguing new book by Christopher Essert, Property Law in the Society of Equals. The first claim addresses the nature of the connection between relational equality and independence. I argue that, at times, relational equality requires some degree of subordination. The second concerns […]
Adrian Kuenzler, ‘Intellectual property on the cusp of the intangible economy’
ABSTRACT This contribution describes the current transformation from an economy based on physical scarcity to one that is grounded in intangible rarity where product manufacturers and sellers increasingly are concerned with the protection of the exclusivity, the uniqueness and the scarcity of their physical goods and services. At the same time, it reveals a shift […]
van Asselt and Crow, ‘EU Private Law and Climate Change’
ABSTRACT This chapter examines the role of private law in responding to climate change in the European Union (EU) as well as its Member States. The chapter explains how the development of EU private law takes place against the backdrop of an evolving and complex EU public law framework. This public law framework has a […]