Common law duties of prescribers

The Role of Status in the Law of Obligations: Common Callings, Implied Terms and Lessons for Fiduciary Duties

The focus of this conference is on fiduciaries. This paper addresses an important and difficult question at the heart of the law concerning fiduciaries. But the question is not confined to fiduciary law. It has repercussions throughout the law of obligations. The question is the role played by the status or office of a person in determining the obligation owed. One possible answer to this quest...

Western Philosophies of Law: the Common Law

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Americanization of the Common Law

Common-Law Background of Nineteenth-Century Tort Law, The