Monthly Archives: March, 2026
Lynn LoPucki, ‘Against Limited Liability’
ABSTRACT Limited liability is an entity characteristic that excuses the entity’s investors from liability for damages caused by the entity’s wrongful acts. Although prominent scholars have referred to limited liability as ‘one of mankind’s greatest ideas’, limited tort liability is a costly economic mistake. Limited liability channels investment away from projects that increase social wealth […]
Gregory Dickinson, ‘The Vanishing Economics of Trade Secret Value’
ABSTRACT Trade secret law is built around a simple economic fact. Information can yield supracompetitive returns only when prospective competitors are prevented from using it – as when it is kept secret from them. A successful trade secret plaintiff must therefore show that the alleged trade secret derives ‘independent economic value’ from not being generally […]
FE Guerra-Pujol, ‘Coase’s Fable’
ABSTRACT This paper is a sequel to two of my previous works: my law review article ‘Coase’s Parable’ (Guerra-Pujol 2023) and my game theory paper ‘Modelling the Coase Theorem’ (Guerra-Pujol 2013). Here, I make three new contributions to the literature on Coase: (i) I describe Ronald Coase’s insight that harms are a reciprocal problem as […]
Lewis and Usmani, ‘The Libertarian Case Against Property’
ABSTRACT In this paper, we argue that right-libertarianism implies astronomically large reparations for historical injustice, undermining the existing distribution of property into perpetuity. We defend and operationalize what we call the ‘quasi-trustee’ model of reparations under right-libertarianism. By our downwardly biased estimates, the injustice of American slavery alone calls the entire stock of global wealth […]
Adriani Dori, ‘The Methodological Influence of European Private International Law on Domestic Legal Systems: A Downstream Analysis’
ABSTRACT The European Area of Freedom, Security and Justice (AFSJ) is the key factor for the smooth operation of the Internal Market, aimed at ensuring the free movement of people, goods, and services within the EU while maintaining security and justice for more than 450m market participants. Private International Law (PIL) plays a significant role […]
Lusina Ho, ‘The Proprietary Consequences of Rescission in Equity’
ABSTRACT This chapter addresses the doctrinal uncertainty in English law regarding the proprietary consequences of equitable rescission for transfers made under impaired consent. The central claim of the chapter is that equity grants transferors rights of increasing proprietary intensity to protect disputed assets from dissipation during the prolonged process of obtaining an order for rescission. […]
Chris Bevan, ‘Adverse Possession, the Significance of the “Type” and “Character” of Land, and Minor or Trivial acts of Possession’
ABSTRACT This article examines the principles of adverse possession, focusing on the significance of the type, nature, and character of land, as well as the sufficiency of minor or trivial acts in establishing factual possession. It critiques the inconsistency and incoherence in interpretations of these principles by the court, highlighting conflicting case law and unpredictability […]
Hwang and Weinstein-Tull, ‘Contract Law and Civil Justice in Local Courts’
ABSTRACT Most American contract law disputes take place in the shadows, unnoticed by commentators, scholars, and casebooks. These disputes – often heard by lay judges in local courts that do not publish their opinions – account for more than 80% of total contract disputes. Using state-level filing data and original interviews with local court judges, […]
Faure and Visscher, ‘Medical liability Under Limited Resources: A Law and Economics Perspective’
ABSTRACT This paper presents an analysis of how limited resources in healthcare should affect medical liability. This has become a significant intellectual question in the debate on how to construct an efficient medical liability system. The question has, moreover, received a lot of attention where healthcare systems face increasing pressure from budget constraints. This was […]
Manish Oza, ‘Personification in Private Law’
ABSTRACT This paper is about whether it makes sense to attribute legal personality to non-sentient entities, such as rivers or idols. First, I argue that the way private law assigns the exercise of legal powers makes it possible to personify a non-sentient entity. Second, I argue that doing so creates a new locus of decision-making […]