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Third post for 2020: publications

We hope everyone is faring well in these crazy times. Our third post is overdue as we were hit by renewed lockdown in June in Melbourne (still ongoing), hence it covers four bumper months of publications.

Publications

  • Elise Bant, ‘A Road Map to Decision Causation in misleading conduct and failure to disclose cases’ (2020) 157 (April) Precedent 4;
  • Elise Bant and Jeannie Paterson, ‘Mortgage Broking, Regulatory Failure and Statutory Design’ (2020) 31(1) Journal of Banking and Finance Law and Practice 7;
  • Elise Bant, Kit Barker and Simone Degeling, ‘The Evolution of Unjust Enrichment Law. Theory and Practice’ in Elise Bant, Kit Barker and Simone Degeling (eds), Research Handbook on Unjust Enrichment and Restitution (Edward Elgar, 2020);
  • Katy Barnett, ‘Restitution, Compensation and Disgorgement’ in Elise Bant, Kit Barker and Simone Degeling (eds), Research Handbook on Unjust Enrichment and Restitution (Edward Elgar, 2020);
  • Katy Barnett, ‘The Ownership of Swans in English History: Does the Queen Own All the Swans?’ on Legal History Miscellany (18 May 2020) https://legalhistorymiscellany.com/2020/05/18/does-the-queen-own-all-the-swans/amp/;
  • Katy Barnett, ‘Berry v CCL Secure Ltd’ on Opinions on High (7 August 2020) https://blogs.unimelb.edu.au/opinionsonhigh/2020/08/07/berry-v-ccl-secure-ltd/;
  • Katy Barnett, ‘Two steps forward, one step back: A personal journey’ (2020) Alternative Law Journal (advance) https://doi.org/10.1177%2F1037969X20950098
  • Katy Barnett, ‘News: Bell Group FINALLY over’ on Opinions on High (21 August 2020) https://blogs.unimelb.edu.au/opinionsonhigh/2020/08/21/news-bell-group-finally-over/;
  • Kylie Burns and Ros Harrington, ‘Safe as Houses? Lump Sum Dissipation and Housing’ in Prue Vines and Arno Akkermans (eds), Unexpected Consequences of Compensation Law (Hart Publishing, 2020);
  • Robyn Carroll, ‘Compensation for Intangible Loss: A Closer Look at the Remedial Function of Apologies’ in Prue Vines and Arno Akkermans (eds), Unexpected Consequences of Compensation Law (Hart Publishing, 2020);
  • Genevieve Grant and Christine Parker, ‘Lawyers’ Responsibility for Claimant Health in Injury Compensation Schemes: Developing an Ethical Response’ in Prue Vines and Arno Akkermans (eds), Unexpected Consequences of Compensation Law (Hart Publishing, 2020);
  • Robyn Honey, ‘Deconstructing the equitable doctrine of undue influence: Insights from a genealogy’ (2020) 14 Journal of Equity 58;
  • Alex Jane and Jeannie Marie Paterson, ‘Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis’ (2020) 48(2) Australian Business Law Review 169;
  • Rosemary Teele Langford, ‘Conflicts and Coherence in the Charities Sphere: Would a Conflict by Any Other Name Proscribe the Same?’ (2020) 14 Journal of Equity 1;
  • Rosemary Teele Langford, ‘Purpose-Based Governance: A New Paradigm’ (2020) 43(3) University of New South Wales Law Journal (Advance);
  • Rosemary Teele Langford, ‘Use of the Corporate Form for Public Benefit: Revitalisation of Australian Corporations Law’ (2020) 43(3) University of New South Wales Law Journal (advance)
  • Rosemary Teele Langford, ‘Insolvent Trading, Charitable Companies and COVID-19’ (2020) 37(6) Company and Securities Law Journal 435;
  • Rosemary Teele Langford, ‘Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 53 – “Dystopian Accessorial Liability” or the End to “Stepping Stones” As We Know It?’ (2020) 37(5) Company and Securities Law Journal 362;
  • Adam Lodders and Jeannie Marie Paterson “Scrutinising COVIDSafe: Frameworks for evaluating digital contact tracing technologies” (2020) Alternative Law Journal (First Published 18 Aug 2020) https://doi.org/10.1177/1037969X20948262
  • Ian Murray and Natalie Skead, ‘‘Who publishes where?’: who publishes in Australia’s top Law Journals and which Australians publish in top global Law Journals?’ (2020) 20(2) University of Western Australia Law Review 220;
  • Sandra Noakes and Sarah Hook, ‘The blurred line between the professional and the personal: Regulation of teacher behaviour on social media’ (2020) Australian Journal of Education 1 (online) https://doi.org/10.1177/0004944120924889
  • Jeannie Marie Paterson and Elise Bant, ‘Contract and the Challenge of Consumer Protection Law’ in TT Arvind and J Steele (eds), Contract Law and the Legislature (Hart Publishing, 2020);
  • Pauline Ridge, ‘Tracing and associated claims in Australian law’ (2020) 14 Journal of Equity 32;
  • Solène Rowan, ‘Problems of Contractual Interpretation: English and French Law Compared’ (2020) Lloyd’s Maritime and Commercial Law Quarterly (May 2020);
  • Solène Rowan, ‘The 2016 Reforms of French Contract Law: the Struggle to Reshape the Law Coherently’ in TT Arvind and J Steele (eds), Contract Law and the Legislature (Hart Publishing, 2020)
  • Solène Rowan, ‘Review of A Burrows, Remedies for Torts, Breach of Contract, and Equitable Wrongs (4th edn 2019 OUP)’ (2020) Modern Law Review (May 2020);
  • Clare E Scollay, ‘Exploring the Dynamics of Legal Service Use in Compensation Systems’ in Prue Vines and Arno Akkermans (eds), Unexpected Consequences of Compensation Law (Hart Publishing, 2020);
  • Jennifer Schulz Moore, ‘The ‘Lawyer was an Angel’: New Zealand and American Patients’ and Family Members’ Experiences of the Role of Lawyers in ‘Resolution’ Processes after Medical Injuries’ in Prue Vines and Arno Akkermans (eds), Unexpected Consequences of Compensation Law (Hart Publishing, 2020);
  • Prue Vines, ‘Editorial: Insights into the Complexities of Causation’ (2020) 157 (April) Precedent 1; and
  • Prue Vines, ‘Addressing the Problems of Lump Sum Compensation Dissipation and Social Security Denial: The Lawyer Contribution’ in Prue Vines and Arno Akkermans (eds), Unexpected Consequences of Compensation Law (Hart Publishing, 2020).

The usual caveat

As always, if we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the next post.

awpln

Second post for 2020: Publications

We have the following publications to list:

Several of our members have publications which will come out shortly; everything has been delayed as a result of COVID19. We hope very much that all of our readers keep safe and well during the pandemic.

The usual caveat

As always, if we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the next post.

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Impact of COVID19 on the ability of women to publish

The Australian Women’s Private Law Network has become aware that the COVID19 pandemic has already had an impact on women’s ability to research and publish. There is anecdotal evidence to suggest that the number of submissions from women authors to journals has already been affected by isolation requirements, as illustrated by the tweet below:

A majority of our members agreed that it was appropriate to make a statement. Accordingly, Professor Prue Vines of the University of New South Wales today sent the following statement on our behalf to the Council of Australian Law Deans and to the Australian Business Deans’ Council:

Dear Professors Hitchens and Grant,

We, the Australian Women’s Private Law Network and affiliates call on the Council of Australian Law Deans and the Australian Business Deans’ Council to recognise the particular impact of the COVID19 pandemic and responses to it on the academic output of women. Women disproportionately bear the burden of the arrangements for working at home, ensuring care is given to children and the elderly and protecting the relationships that are weakened by lack of contact. Given that there is a long lead time in the development of academic writing, we urge the Deans to ensure that procedures are put in place to prevent discrimination against women academics for reduced production in the next two years. We emphasise that it is necessary to put protocols in place now to protect women because memories are short and there is a real danger that women applying for promotion or grants in two or three years’ time will be disadvantaged by the extra efforts they put in during the pandemic, including providing additional pastoral care to students and colleagues.

Yours sincerely,

Prue Vines (for the Australian Women’s Private Law Network)

All academics who have carer responsibilities will be affected by recent events, and we hope that this will be taken into account in promotion and grant applications. However, women tend to be more likely to shoulder these responsibilities, and our statement reflects this reality.

Finally, we hope that all our readers and members stay safe and well in these difficult times.

awpln

First Post for 2020

Sorry for the hiatus at the end of 2019…it will now be remedied by a mega-post listing all publications by Australian academics and lawyers writing or co-writing in private law from November 2019 to February 2020. We hope everyone has survived the various bushfires, floods, and viruses so far this year.

Publications

We have become aware of the following publications:

Updated to add Michelle Sharpe’s recent publication.

Grants and Awards

We have become aware of the following grants and awards:

M Foster, K Burns, and S Harris Rimmer, ‘Adjudicating priorities and rights in the battle for a sustainable and fair National Disability Insurance Scheme’ Australian Research Council Discovery Grant 2020 – 2023

Kate Offer was awarded Woman Lawyer of the Year 2020 by the Women Lawyers of Western Australia.

Kylie Burns and Kate Galloway were among the inspirational women legal academics in the Women Lawyers Qld list for International Women’s Day.

The usual caveat

As always, if we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the next post.

awpln

Fifth post for 2019: News and Publications

We are up to our penultimate post for 2019!

Publications:

We have become aware of the following publications in private law:

  • Renae Barker and Robyn Carroll, ‘How might an apology feature in the new religious freedom bill?’ The Conversation (10 September 2019);
  • Katy Barnett, ‘Citation as a measure of ‘impact’: Female legal academics at a disadvantage?’ (2019) Alternative Law Journal https://doi.org/10.1177/1037969X19874847 (advance) (currently open access);
  • Katy Barnett, ‘Gain-based damages’ in Roger Halson and David Campbell (eds), Research Handbook on Remedies in Private Law (2019, Edward Elgar) 311;
  • Fiona Burns, ‘The Evolution of the Profit a Prendre and its Importance in Australia’ (2018) 44(3) Monash University Law Review 687;
  • Jacob Flynn, Rebecca Giblin and François Petitjean, ‘What Happens When Books Enter the Public Domain? Testing Copyright’s Underuse Hypothesis across Australia, New Zealand, the United States and Canada’ (2019) 42(4) University of New South Wales Law Journal (advance);
  • Kate Galloway, ‘The Role of Pateman’s Sexual Contract in Beneficial Interests in Property’ (2019) Feminist Legal Studies https://doi.org/10.1007/s10691-019-09413-2;
  • Pauline Ridge, ‘When Is the Advancement of Religion Not a Charitable Purpose?’ (2020) Canadian Journal of Contemporary and Comparative Law (forthcoming); ANU College of Law Research Paper No. 19.24 . Available at SSRN: https://ssrn.com/abstract=3475218
  • Ellen Rock, ‘Misfeasance in the Public Office’ (2019) 42(3) Melbourne University Law Review (advance);
  • Prue Vines, ‘Re Estate Wilson, Deceased (2017): The Last Frontier for Aboriginal Intestacy in Australia?’ in Brian Sloan (ed),Landmark Cases in Succession Law (Hart Publishing 2019);
  • Prue Vines, ‘Book Review: The Statutory Foundations of Negligence’ (2019) 41(3) Sydney Law Review 411; and
  • Carolyn Sappideen, ‘Medical Professionals and the Erosion of the Ordinary Practitioner Standard’ (2019) 27 Tort Law Review 37.

Grants awarded:

We have been told of the following grants:

  • Elise Bant, ‘Unravelling Corporate Fraud: re-purposing ancient laws for modern times’ (ARC Future Fellowship Award);
  • Kirsty Gover, ‘Understanding and Recognising Indigenous Law and Legal Systems’ (ARC Future Fellowship Award);
  • Vicki Huang and Sue Finch, ‘Gender and Australian Patent Application Outcomes’. Deakin Science & Society Interdisciplinary Project Incubator Award (Commencing 2020).

News:

Professor Elise Bant will be moving from Melbourne Law School to the Law School at University of Western Australia on 1 January 2020, but will retain a position as a Professorial Fellow at MLS.

The usual caveat:

As always, if we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the post.

awpln

Fourth post for 2019: publications and conferences

Publications

We have become aware of the following publications:

  • Elise Bant and Jeannie Marie Paterson, ‘Exploring the Boundaries of Compensation for Misleading Conduct: The Role of Restitution under the Australian Consumer Law’ (2019) 41(2) Sydney Law Review 155;
  • Katy Barnett, ‘Case summary: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth’ on Opinions on High (27 August 2019) <https://blogs.unimelb.edu.au/opinionsonhigh/2019/08/27/carter-holt-harvey-woodproducts-australia-pty-ltd-v-commonwealth/&gt;;
  • Simone Degeling and Jessica Hudson, ‘Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations’ (2019) 47(1) Federal Law Review 64;
  • Eugenia Georgiadis, ‘Ignoring the Call for Law Reform: Is It Time to Expand the Scope of Protection for Personal Images Uploaded on Social Networks’ (2019) 26 Tort Law Review 166;
  • Vicki Huang, ‘Empirical Analysis of Australian Trademark Infringement Decisions — Implications for the U.S. Trademark Use Debate’ (2019) 35(3) Santa Clara High Technology Journal 1;
  • Vicki Huang, ‘An Empirical Investigation of 20 Years of Trade Mark Infringement Litigation in Australian Courts’ (2019) 41(1) Sydney Law Review 105;
  • Jessica Hudson, ‘One Thicket in Fraud on a Power’ (2019) 39 Oxford Journal of Legal Studies (forthcoming);
  • Chief Justice Susan Kiefel, ‘Judicial Advice to Trustees: its origins, purposes and nature’ (2019) 42(3) Melbourne University Law Review (forthcoming);
  • Rita Matulionyte, ‘Empowering Authors Via Fairer Copyright Contract Law’ (2019) 42(2) UNSW Law Journal 681;
  • Barbara McDonald, ‘Byrne v Deane (1937)’ in David Rolph (ed), Landmark Cases in Defamation Law, (2019, Hart Publishing);
  • Jeannie Marie Paterson, Corones’ Australian Consumer Law (4th edn, 2019, Thomson Reuters);
  • Jeannie Marie Paterson, Elise Bant and Matthew Clare, ‘Doctrine, policy, culture and choice in assessing unconscionable conduct under statute: ASIC v Kobelt’ (2019) 13 Journal of Equity 81;
  • Gail Pearson, Elisabeth Peden, GJ Tolhurst, Sheelagh McCracken, Jeannie Paterson, Anne McNaughton, Ryan Catterwell and Allison Sillink,
    Commercial Law: Commentary and Materials (4th edn, 2019, Thomson Reuters);
  • Elisabeth Peden, ‘Penalties after Paciocco – the Enigma of ‘Legitimate Interests’?’ (2019) 25 Journal of Contract Law 263;
  • Pauline Ridge, ‘Accounting for gains from knowing participation in breach of fiduciary duty’ (2019) 13 Journal of Equity 69; and
  • Gabrielle Wolf and Danuta Mendelsohn, ‘The My Health Record System: Potential To Undermine The Paradigm Of Patient Confidentiality?’ (2019) 42(2) UNSW Law Journal 619.

As always, if we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the post.

Conferences

We have been informed about the ANZ Law and History Society Conference to be held at Victoria University Law School, Melbourne on 11th to 14th December.  The theme is ‘Does Law’s History Matter? The Politics of our Disciplinary Practices’ which is very appropriate and relevant to private law people.

Updated to add:

For those of us who are interested in apologies, there is a conference on ‘Apologies in the Legal Arena: A Comparative Law Perspective’ on 27 September 2019 at Salle del Edicole in Padova in Italy, with scholars from the US, Italy and Australia presenting (including several members of the Network).

awpln

Third post for 2019: publications

Publications

We have been informed of the following relevant publications over the last two months (with a book by Michelle Sharpe that I missed last year):

As always, if we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the post.

awpln

Second post for 2019: news and publications

Publications

We have been informed of the following relevant publications over the last few months:

If we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the post.

News

Dr Philippa Ryan will be taking up a position as Senior Lecturer with the ANU College of Law in July 2019. Congratulations, Pip!

Rosemary Teele Langford’s new book Company Directors’ Duties and Conflicts of Interest (Oxford University Press, 2019) is being launched on 2 May 2019 at Melbourne Law School by Justice Michelle Gordon AC of the High Court of Australia.

Conferences

As noted in a previous post, the University of Sydney Law School has put out a call for papers for its colloquium on Intersections in Private Law in August 2019. Please see that post for details.

And as also noted in an earlier post, Obligations X has issued its call for papers for its conference in Harvard (co-hosted by Harvard Law School and Melbourne Law School) from July 14 to 17, 2020. The theme is ‘Private Law Inside and Out’.

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Call for papers: Intersections in Private Law

The AWPLN has been informed of the following event and encourages members and supporters to attend or submit a paper:

A second biennial colloquium at the University of Sydney Law School on Friday 16 August 2019 on Intersections in Private Law.

There is much to be explored and discussed in how different fields of private law interact with each other – contract law with tort or equitable principles, tort with un just enrichment, – and with other fields of law, such as public law, property law, company law or regulation.

Within just one field of private law, there are still overlaps and distinctions to be drawn (or, more controversially, eradicated)- for example, in tort law, trespass and nuisance, intentional wrongdoing and negligence, defamation and negligence, non-delegable duties and vicarious liability; non-delegable duties and strict liability; liability for physical damage compared with pure economic loss.  In looking at a broader interaction of remedies and obligations, how do causation and remoteness principles operate in different fields? How does vicarious liability interact with corporate law structures and principles?  What is the role of private law in an age of increasing public regulation? How do emerging technologies challenge the application of legal concepts in these fields?  These are just a few questions among many that could be explored.

The aim of this second biennial colloquium is to explore the boundaries, overlaps and complementary operation of fields of private law with each other and externally.  Speakers are free to propose papers on a wide range of topics related to this broad theme.  Papers may be completed or work-in-progress. Papers from early career researchers are warmly encouraged.

It is proposed that the colloquium will take place on Friday 16 August 2019, with a colloquium dinner that night and either a possible extension for papers the next day and /or a follow up teaching workshop the next morning, Saturday 17 August, for those interested in how the modern law curriculum should approach the interaction of obligations and remedies.

Confirmed speakers include:

  • James Goudkamp, Oxford University
  • Luke Rostill, Oxford University
  • Nicole Moreham, Victoria University, NZ
  • Jason Varuhas, Melbourne University
  • Jason Harris, Sydney University
  • Lee Aitken, Queensland University
  • Natalie Silver, Sydney University
  • Gemma Turton, Sydney University
  • Ben Chen, Sydney University
  • David Rolph, Sydney University
  • John Eldridge, Sydney University
  • Barbara McDonald, Sydney University

Please contact Barbara McDonald for more information: barbara.mcdonald@sydney.edu.au

awpln

First post for 2019: news and publications

We hope you all had a great start to 2019.

Publications

We’ve been informed of the following publications by Australian female scholars in the area of private law from the end of December 2018 to the end of February 2019:

  • Elise Bant, ‘Unravelling Fraud in the Wake of Hayward v Zurich Insurance’ (2019) Lloyd’s Maritime and Commercial Law Quarterly 91;
  • Elise Bant, and Jeannie M Paterson, ‘Should specifically deterrent or punitive remedies be made available to victims of misleading conduct under the Australian Consumer Law?’ (2019) Torts Law Journal 1;
  • Elise Bant, ‘The Buck Stops Here: Holding Banks Responsible for Misleading Conduct’ Pursuit 5 February 2019;
  • Elise Bant and Jeannie M Paterson, ‘Understanding Hayne: Why Less is More’ The Conversation, 11 February 2019
  • Katy Barnett, ‘Chasing will-o’-the-wisp: the English courts’ impossible quest for certainty in constructive trusts over bribes’ (2019) 25(2) Trusts & Trustees DOI: 10.1093/tandt/ttz007 (forthcoming);
  • Simone Degeling, ‘Certainty in calculating money remedies for breach of fiduciary duty’ in Kit Barker and Ross Grantham (eds), Apportionment in Private Law (Hart Publishing, 2018) Ch 9
  • Kate Falconer, ‘An Illogical Distinction Continued: Re Creswell and Property Rights in Human Biological Material’ [2019] 1 University of New South Wales Law Journal Forum
  • Rosemary Teele Langford, Company Directors’ Duties and Conflicts of Interest (Oxford University Press, 2019);
  • Barbara McDonald, ‘Reforming a reform: why has it been so hard to reform proportionate liability reforms?’ in Kit Barker and Ross Grantham (eds), Apportionment in Private Law (Hart Publishing, 2018) Ch 11
  • Natalie Skead and Jani McCutcheon, ‘The art of crime: The application of literary proceeds of crime confiscation legislation to visual art’ (2018) 22(3) Media and Arts Law Review
  • Prue Vines and Robyn Carroll, ‘The Apology Ordinance: Bold Steps into Some Uncharted Areas of Apology-Protecting Legislation’ (2018) 48 Hong Kong Law Journal 925;
  • Sally Wheeler, ‘Modelling the contracts of the future’ (2018) 27 Griffith Law Review DOI: 10.1080/1038441.2017.1552547

If we’ve left anything out, please let us know and we’ll update the list and tweet updates. Our aim with this blog is to be as inclusive as possible. Please contact us (by commenting, by using the “Contact us” mechanism on this post, emailing us at austwomenprivlawnet[at]gmail.com or other social media means) and we will add your publications or news to the post.

Female experts in the media

ABC News is currently trying to build its database of experts to include more women. We encourage our members to self nominate as experts in private law by filling out the form accessed here.

Obligations X: Call for papers

Obligations X has issued its call for papers for its conference in Harvard (co-hosted by Harvard Law School and Melbourne Law School) from July 14 to 17, 2020. The theme is Private Law Inside and Out. The website explains:

The conference theme is intended to provoke discussion about the inside and outside of private law. The conference will focus on the contrast between ‘internalist’ and ‘externalist’ perspectives on the law in this field. It will also consider the boundaries and relationships between private law and morality, private law and economic efficiency, and private law and other policy goals. A central aspiration of this iteration of Obligations is to give private law scholars working in different intellectual traditions an opportunity to identify previously underappreciated overlaps and synergies, and thereby help to break down methodological barriers to an improved understanding of the field.

Both established and early-career legal scholars are invited to submit proposals to present papers addressing the conference theme, either at a general level or in relation to any aspect of the law of obligations broadly conceived – contract, property (including intellectual property), torts, unfair competition, and unjust enrichment, as well as equity and other topics within or closely related to private law.