Call for Applications: Postdoctoral Fellowships in Private Law at Harvard Law School

The Project on the Foundations of Private Law at Harvard Law School is seeking applicants for full-time, one- to two-year residential appointments as Postdoctoral Fellows in Private Law, starting in the fall of 2022. Application materials are due to Bradford Conner (conner@law.harvard.edu) by 9:00 a.m. on February 28, 2022.  Postdoctoral Fellowship in Private Law The … Read more

Call for Applications: Safra Center Post-Doc at Tel Aviv University

The Edmond J. Safra Center for Ethics at Tel Aviv University is happy to announce its call for Post-Doc Fellowship applications for the academic year 2022-23. We encourage applicants from all disciplines and fields, including economics, social sciences, business, the humanities, and the law. Please check our website — or a PDF version of the announcement — … Read more

Wells – The Personification of the Partnership

Post by Andrew Verstein As Paul Miller recently observed, New Private Law scholars have largely hewed to tort, property, contract, or fiduciary law. Comparatively little attention has been devoted to business entities such as corporations and partnerships. Yet without the NPL label, there is fascinating work underway that is well worth the attention of this … Read more

New Book—Lakefront: Public Trust and Private Rights in Chicago, by Joseph D. Kearney and Thomas W. Merrill

Post by Henry Smith I have just read and greatly enjoyed this wonderful new book by Joe Kearney and Tom Merrill about the shaping of the Chicago Lakefront. Sometimes this shaping is literal (or littoral?), because Kearney and Merrill embed a highly expert and engagingly written history of the legal controversies surrounding the Lakefront with … Read more

CFP: Workshop on Private Law & Emerging Technology

We are excited to invite legal scholars to participate in a virtual Workshop on Private Law and Emerging Technology cosponsored by Harvard’s Project on the Foundations of Private Law, Yale’s Information Society Project, and Yale’s Center for Private Law. This Workshop will be a forum for in-depth engagement with works-in-progress at the intersection of private law, technology policy, … Read more

Equity as Meta-Law

Post by Henry Smith  A paper of mine on equity long in the works (and under different titles) is now out as Henry E. Smith, Equity as Meta-Law, 130 Yale L.J. 1050 (2021). Here is the abstract: With the merger of law and equity almost complete, the idea of equity as a special part of … Read more

Call for Applications: Safra Center Post-Docs at Tel Aviv University

The Edmond J. Safra Center for Ethics at Tel Aviv University is happy to announce its call for Post-Doctorate and Doctoral Fellowship applications for the academic year 2021-22. We encourage applicants from all disciplines and fields, including economics, social sciences, business, the humanities, and the law. Please check our website — or a PDF version of the … Read more

Gold, Goldberg, Kelly, Sherwin & Smith – The Oxford Handbook of the New Private Law

Post by Andrew Gold, John Goldberg, Daniel Kelly, Emily Sherwin, and Henry Smith We have some good news – The Oxford Handbook of the New Private Law has just been published (Oxford; Amazon)!  The Handbook offers exciting developments in scholarship dedicated to the study of private law in general, and to the New Private Law … Read more

Gold – The Right of Redress

Post by Andrew Gold I’m writing to put in a quick word about my new book, The Right of Redress – now published in the Oxford Legal Philosophy Series. (Here is a poster for the book, which includes a discount code.) Corrective justice theories of private law often focus on a wrongdoer’s obligation to fix … Read more

Canada’s Second Biennial Obligations Conference

By Samuel Beswick, Frank Knox Memorial Fellow, SJD candidate, Harvard Law School On May 10 and 11, the University of New Brunswick Faculty of Law hosted the second biennial Canadian Law of Obligations (CLO) conference. Legal scholars from across Canada, as well as the United States and England, presented their works-in-progress on the theme of Obligations … Read more

Freilich on Prophetic Examples

Post by Janet Freilich Patent law – like many areas of private law – is riddled with unusual, obscure, and sometimes incomprehensible rules. In a forthcoming paper, I draw attention to a particularly puzzling doctrine of patent law: patents can include fictional experiments and made-up data. Take, for instance, the following experiment published in a … Read more

Chang & Smith – Convergence and Divergence in Systems of Property Law

Post by Henry Smith Yun-chien Chang and I have a paper out on SSRN about comparative property law. We differentiate between aspects of property law that are structural versus those that are stylistic and between those that are more integrated into the law and those that are more detachable.  We derive some predictions for cross-linguistic … Read more

Call for Applications: Postdoctoral Fellowships in Private Law at Harvard Law School

The Project on the Foundations of Private Law at Harvard Law School is seeking applicants for full-time, one- to two-year residential appointments, starting in the fall of 2019 — in particular, it is seeking applicants for both the Postdoctoral Fellowship in Private Law and the Qualcomm Postdoctoral Fellowship in Private Law and Intellectual Property. Application … Read more

Call for Applications: Safra Center Post-Docs at Tel Aviv University

The Edmond J. Safra Center for Ethics at Tel Aviv University is happy to announce its call for Post-Doc Fellowship applications for the academic year 2019-20. We encourage applicants from all disciplines and fields, including economics, social sciences, business, the humanities, and the law. The Edmond J. Center Safra stands at the forefront of academic … Read more

Oxford Studies in Private Law Theory (Miller & Oberdiek eds.) — Call for Papers

Oxford University Press is pleased to announce the launch of Oxford Studies in Private Law Theory, edited by Paul Miller (Notre Dame) and John Oberdiek (Rutgers), and to issue a call for papers for the first volume.  Oxford Studies in Private Law Theory is a series of biennial volumes showcasing the best article-length work across private law … Read more

Comment on Claeys, “Two Suggestions for Conceptual Property Theory”

Post by Henry Smith In his post, Eric Claeys introduces a couple of important forthcoming articles.  I welcome these contributions to the already extensive “debates” over property theory.  These articles are a real advance in the morally oriented property theory literature. I’d like to focus how they bring to that literature considerations that are more … Read more

Two Suggestions for Conceptual Property Theory

Post by Eric Claeys In contemporary legal and philosophical theory, three perspectives loom large. For a century and more, conventional wisdom held that the best way to conceive of property is as a bundle of rights. In the nineties and the “oughts,” bundle views were questioned by scholars arguing that exclusion is crucial to property. … Read more