Damages for Breach of Contract: Compensation, Restitution and Vindication

In this article we examine the role which vindication playsin contract damages. Vindication describes the making good ofa right by the award of an adequate remedy. We argue that, whilethe primary purpose of compensation is to provide an indemnityfor loss, an award of compensatory damages will neverthelessgenerally vindicate the right to performance of the contract.We go on to consider a distinct measure of damages, vindicatorydamages. These, we argue, are neither compensatory nor restitutionary,neither loss-based nor gain-based: they are a rights-based remedy.We then identify various situations in which the courts maybe seen to have awarded what are, in substance, vindicatorydamages. We conclude by considering the benefits which may followfrom recognition of the availability of vindicatory damagesas a contract remedy.     

LabCorp v. Metabolite Laboratories: The Supreme Court listens, but declines to speak.

In the United States, a longstanding legal rule exists against patenting natural phenomena. The Supreme Court recently had an opportunity to help define the boundaries and clarify the implications of this "natural phenomenon doctrine" in Laboratory Corporation of America v. Metabolite Labs., dismissed as improvidently granted. This article argues that the natural phenomenon doctrine renders both the patent claim at issue in LabCorp, and the patents that directly or indirectly claim biological correlations between genotypes and medical phenotypes, invalid or unenforceable under U.S. patent law.     

Josefina Bañales Receives Emerging Scholar Best Article Award, 2021

Journal of Youth and Adolescence -     

Assessing the practical implementation of the EU’s values in EU–China dialogues

Asia Europe Journal - Literature debating the role of the EU’s values in its external relations has neglected to adequately define and empirically explore the practical promotion or...     

Rethinking Indigenous Politics: The Unnoticed Struggle for Self-Determination in Peru

Most scholars characterise Peru as a country with weak indigenous movements, whose demands would have no influence in regional and national policies, even though its socio-economic structures are similar to those of Bolivia and Ecuador, where indigenous movements are stronger. Based on fieldwork in the northern Peruvian Amazon and Lima between 2012–2013 and 2016–2018, this article argues that pro-indigenous legislation enacted as a response to strong indigenous mobilisation as well as the creation of indigenous autonomous governments in the Amazon express an unnoticed struggle for indigenous self-determination. These social phenomena also raise questions about the common assessment of the strength or weakness of indigenous movements.     

Opponent Process Theory for Substance Abuse Treatment

This article examines problems and issues of the juvenile justice and drug & alcohol systems in the context of treatment resistant, substance dependent, delinquent youth. The evaluation research on traditional medical model treatment shows high drop-out and relapse rates along with limited impact on polydrug users. Outdoor challenge programs are reviewed as an alternative within the context of Opponent-Process Theory and the therapeutic use of stress. These forms of stressful challenge may produce improved self-esteem and positive affect which may be useful as alternative forms of substance abuse treatment, especially for resistant delinquent youth who have not benefitted from more traditional forms of treatment.