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Sender:
Lionel Smith
Date:
Tue, 14 Aug 2001 13:25:38 -0400
Re:
Conference papers, new case, new journal

 

1. Recently published is no. 7 of vol. 79 of (2001) Texas Law Review, which contains the papers from a symposium in January 2001 on Restitution and Unjust Enrichment, namely and to wit as follows (to quote a cockroach named archie):

P. Birks, "Unjust Enrichment and Wrongful Enrichment"
H. Dagan, "Mistakes"
G. Dannemann, "Unjust Enrichment by Transfer: Some Comparative Remarks"
J. Edelman, "Unjust Enrichment, Restitution and Wrongs"
D. Friedmann, "Restitution for Wrongs: The Measure of Recovery"
M.P. Gergen, "What Renders Enrichment Unjust?"
O. Grosskopf, "Protection of Competition Rules Via the Law of Restitution"
A. Kull, "Disgorgement for Breach, the "Restitution Interest," and the Restatement of Contracts"
D. Rendleman, "Quantum Meruit for the Subcontractor: Has Restitution Jumped Off Dawson's Dock?"
E. Sherwin, "Restitution and Equity: An Analysis of the Principle of Unjust Enrichment"
L. Smith, "Restitution: The Heart of Corrective Justice"
S.A. Smith, "Justifying the Law of Unjust Enrichment"

2. In Commonwealth Reserves I v Chodar [2001] 2 NZLR 374, the NZ HC concluded that not only did it have jurisdiction to order a remedial constructive trust, but it did so, and moreover went on to vest legal title to the claimed assets in the plaintiff. Not much trust left at the end of the judgment. I hereby propose we call this a "rhetorical constructive trust." Just kidding. Maybe.

3. The first number of the Oxford University Commonwealth Law Journal has now been published by Hart. Many congratulations to RDG members Jamie Edelman, Steven Elliott, and Arianna Pretto, who are among the editors. Of particular interest to RDG members are

S.M. Waddams, "Judicial Discretion"
A.S. Burrows, "No Damages for a Third Party's Loss: Alfred McAlpine Construction Ltd. v. Panatown Ltd."

 

Lionel


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