sambeswick By Samuel Beswick, Assistant Professor, Peter A. Allard School of Law, The University of British Columbia I recently suggested on Balkinization that a storm seems to be brewing concerning the place of non-retroactivity doctrine (also called the doctrine of “prospective overruling”) in federal law. Non-retroactivity doctrine attempts to define the temporal scope of novel judgments … Read more
Post by Malcolm Lavoie. One of the most intriguing features of New Private Law scholarship is its recognition that diverse normative accounts often converge in explaining core private law doctrine. For instance, the right to exclude as an incident of ownership can be understood in consequentialist terms as a means of accounting for information costs, … Read more
We are pleased to announce the website launch for the Tenth Biennial Conference on the Law of Obligations: http://obligationsx.wpengine.com/ The conference is co-hosted by Harvard Law School and Melbourne Law School, and is being co-convened by John Goldberg, Andrew Robertson and Henry Smith. The conference theme, Private Law Inside and Out, is intended to provoke … Read more
UPDATE (5/11/2020): Due to a hiring freeze at Harvard University, there is no further information regarding the postdoctoral positions for The Project on the Foundations of Private Law. All inquiries should wait until further notice. — The Project on the Foundations of Private Law at Harvard Law School is seeking applicants for full-time, one- to two-year … Read more
The Edmond J. Safra Center for Ethics at Tel Aviv University is accepting applications for its 2020-21 post-doctorate fellowship program. The Center offers grants to outstanding researchers who study the ethical, moral and political aspects of markets, local or global, real or virtual. The Center encourages applications from all disciplines and fields, including economics, social … Read more
Post by Henry Smith Andrew Gold and I have a new paper out about how complexity in private law presents a problem of connecting the micro and the macro and how this problem plays out in external and internal approaches to private law theory. The paper, “Sizing Up Private Law,” just out online at the … Read more
Post by Patrick Goold. In 1999, Canadian company, Research in Motion (RIM), launched the Blackberry email pager. The pager was an instant commercial success amongst businesspeople and politicians alike. Behind the Blackberry’s success was its wireless email technology. No longer were emails confined to the desktop but were now easily accessible on-the-go. The technology for … Read more