Monthly Archives: February, 2026
Andrea Boyack, ‘Modern Consumer Contracting and Online Terms’
ABSTRACT Company-crafted terms and conditions that supposedly govern modern consumer transactions are more lengthy, complex, and ubiquitous than ever before. Proliferation of online terms has been accompanied by increased judicial willingness to deem a contract duly formed based on passive and unknowing indicia of assent. Today’s consumer contracts are presumptively synonymous with a company’s online […]
Rzewuski and Rzewuska, ‘The public policy exception as grounds for refusing to recognize or enforce foreign court judgments in succession cases’
ABSTRACT The number of cross-border civil proceedings is on the rise and is likely to increase in the future. The above also applies to succession law regulating the statutory order of succession. Therefore, national courts adjudicating a succession case have to be familiar with and respect foreign laws indicated by the appropriate conflict-of-law rule. Significant […]
Lu and Garoupa, ‘Judicial Interest Rates: Strategic Considerations’
ABSTRACT The appropriate method for determining the judicial interest rate remains unsettled. This article contributes to the debate by presenting a model that accounts for the complexities of party incentives and strategic delays in litigation. Additionally, we provide a rational explanation for the widespread use of a party-independent interest rate in many jurisdictions. When a […]
Sean Lyness, ‘The (Limited) American Right to Roam’
ABSTRACT American property law venerates the right to exclude. Courts routinely describe it as the essential core of ownership, and scholars treat it as the ‘sine qua non’ of property rights. From the first day of law school, students learn that to own property is, fundamentally, to have the power to keep others out. And […]
Iyare Otabor-Olubor, ‘Property Rights, Money and the Future of Cryptocurrency’
ABSTRACT The central argument in this article is that the legal recognition of cryptocurrency as a distinct form of property directly influences, and is in turn influenced by, its capacity to function as a medium of exchange. Legal scholarship often treats these topics in isolation. The analysis examines the conceptual and juridical foundations of cryptocurrency […]
Danny Friedmann, ‘Sweat and Subjectivity Copyright Impulses’
ABSTRACT Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, […]
Elizabeth Rosenblatt, ‘Copyright’s One-Way Racial Appropriation Ratchet’
ABSTRACT This Article explores the implicit hierarchies inherent in copyright law, with particular attention to ways in which US copyright statutes and judicial opinions incorporate racial bias into those hierarchies. By devaluing the inherently dialogic and incremental nature of meaningmaking, current copyright law tends to create and perpetuate a fiction of ‘pure originality’ that disproportionately […]
Thomas Mitchell, ‘The heirs’ property field: moving from the shadows to the light to enlightened, evidence-based solutions’
ABSTRACT This paper will address the following matters. The first section will address the state of the heirs’ property field prior to 2010 or so. This section will demonstrate that heirs’ property issues were little known for the most part outside of the families who owned or were directly impacted by such ownership; a relatively […]
Ezra Wasserman Mitchell, ‘The Relational Foundations of Contractual Obligation’
ABSTRACT American contract law treats relational autonomy as prior to assent. Contractual obligation becomes intelligible only when the parties’ interaction preserves relational adequacy, meaning each has a meaningful capacity to refuse and a meaningful capacity to participate in shaping the terms. When that relational structure is present, courts enforce agreements across wide inequalities and hard […]
Aditi Bagchi, ‘How Liberal is Relational Justice?’
ABSTRACT Hanoch Dagan and Avihay Dorfman offer a compelling new liberal account of private law that takes seriously the liberal commitment to self-determination. Their theory takes an illiberal turn, however, by aiming to regulate private relationships by reference to an ethical conception of equality, and by inviting the state to distinguish between important and less […]