Although the pure economic loss rule has been remarkably durable in the common law, it suffers from a theoretical deficit. The rule has not been properly framed within the broader context of Anglo-American political economy. Any theory must recognize that the rule fundamentally deals with...

The peer-to-peer economy has unraveled thousands of years of codal and jurisprudential safeguards that were put in place to protect travelers and other patrons of public accommodations. Several large companies have generated billions of dollars in revenue from property rental without owning any...

A central challenge in securing property rights is the subversion of justice through legal skill, bribery, or physical force by the strong — the state or its powerful citizens — against the weak. We present evidence that the less educated and poorer citizens in many countries feel their...

Access to landlocked land is a universal legal entanglement, but surprisingly no law and economic scholars have systematically analyzed this issue. The doctrines in the U.S., called “easements of necessity” and “statutory easements,” are similar to those in civil-law jurisdictions, and...

As an economist, I find the current state of the law regarding damages for patent infringement – most particularly that relating to apportionment – frustrating at best and woefully incomplete at worst. Namely, damages case law for utility patent infringement provides two very different, but...

After reviewing the standards of secondary liability for copyright and trademark infringement in the online context, this Article considers the extent to which the liability of online service providers would change if a DMCA-like safe harbor scheme was applied in cases of secondary trademark...

Stirling v. Miller & Poulgrain [1980] 2 NZLR 402 (SC) involved a firm of solicitors that negligently delayed the conveyancing for a property being transferred into a family trust. As a result, the price paid by the trust was $90,000 was more than it would have been had the conveyancing been...

New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v. North...

In this paper, we seek to demonstrate that, in the case of the public administration's liability for the property in its custody, the rule of strict liability which seems to be accepted by the Italian Civil Code can be justified in terms of efficiency only if we are trying to allocate risks in...

This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in the bankruptcy and secured transactions literatures. Are security interests property rights, contract rights, or something else? Why do secured creditors enjoy a priority right...