Monthly Archives: June, 2025
Kathryn Ramsey Mason, ‘Civil Means to Criminal Ends’
ABSTRACT The divide between the civil and criminal legal systems is one of the most fundamental distinctions in American law. There are laws, however, that do not fit clearly into either category and the Supreme Court’s jurisprudence on how to categorize these statutes has been murky. Crime-free rental housing ordinances, which encourage or coerce private […]
Symeon Symeonides, ‘Reflections from Fifty Years in the Conflicts Vineyard’
ABSTRACT This essay was written on the occasion of a Symposium titled ’50 Years in the Conflicts Vineyard’, which was held in the author’s honor in May 2024 at Willamette University Law School and sponsored by the Association of American Law Schools Section on Conflict of Laws. For this reason, the essay is inevitably autobiographical. […]
Vikki Hinton, ‘The Reformulated Rule Against Penalties: Advantageous or Outrageous?’
ABSTRACT The balance of the common law tilts more in favour of freedom of contract, and the enforcement of consensually selected remedies, today than it did a century ago … Today, contractual overreach calls for assessment primarily through the lens of impaired consent, unconscionability or consumer law infringement. That means there is less for the […]
‘Microsoft Contract Day 2025!’
Two years ago today, I authored a post titled ‘Microsoft’s Dispute Resolution Provisions Are a Mess’. I argued that the ‘Jurisdiction and Governing Law’ language in the form purchase order used by Microsoft and its subsidiaries in 109 countries around the world was ‘incoherent’. My goal in writing the post was to inspire/shame Microsoft – […]
‘Half-secret commissions – Expert Tooling and Automation Limited v Engie Power Limited [2025] EWCA Civ 292′
The issue of half-secret commissions has once again come before the senior courts for consideration. I have previously written about the Court of Appeal’s decision in Johnson v Firstrand here. We await the Supreme Court judgment in that case, which is likely to be handed down in July 2025 … (more) [William J Richardson, Five […]
Martin Jay Stone, ‘Gregory Keating’s Framework for Understanding Tort Law’
ABSTRACT Gregory Keating seeks to ground tort rights and obligations in a balancing of people’s objective interests in liberty and security, with security taking priority because it is a requirement of effective agency. I argue that Keating’s approach shares in the structural shortcomings of the economic theories he criticizes. Both theories appeal to monadic, free-standing […]
‘Property Law: Comparative, Empirical, and Economic Analyses’: special number of Jerusalem Review of Legal Studies
What Yun-chien Chang’s Analyses of Property Law Teach Us About Property Law? (Ronit Levine-Schnur) Efficiency & Diversity: A Comment on Yun-chien Chang, Property Law: Comparative, Empirical, and Economic Analyses (Daniel Klerman) Efficiency and Equality in Property Law (Nicole Summers) Efficiency Analysis of Property Law: A Response to Profs Dan Klerman, Ronit Levine-Schnur, and Nicole Summers […]
Satz and Vertinsky, ‘Customary Corruption’
ABSTRACT For over a hundred years, it has been well-accepted among tort scholars that physicians – as one of the legally recognized professions – determine their own customary practices. Within tort law, and medical malpractice more specifically, customary practice establishes whether physicians breach or uphold the required standard of care toward their patients. The results […]
Kukhariev, Kostiuchenko and Krasytska, ‘Reforming Ukraine’s Civil Legislation as a Tool for Economic Recovery and Ensuring Sustainable Development in the Post-War Period’
ABSTRACT The post-war reconstruction of Ukraine necessitates two principal components: the large-scale physical rebuilding of destroyed infrastructure and the implementation of deep structural reforms. Among these reforms, the transformation of civil legislation is of particular significance. The effective regulation of property and contractual legal relations is a necessary prerequisite for the restoration of entrepreneurial activity, […]
‘Conference: “The Next 25 Years of Private International Law: What Does the World Need?”, 23 June 2025 in Groningen’
This conference marks a significant occasion: the celebration of Professor Mathijs ten Wolde’s 25-year tenure as a professor and director of the Ulrik Huber Institute. In honour of his contribution to the field and his mentorship of generations of legal scholars, the event will bring together former PhD students and distinguished colleagues from across the […]