Monthly Archives: July, 2018

Svetlana Yakovleva, ‘Should Fundamental Rights to Privacy and Data Protection be a Part of the EU’s International Trade “Deals”?’

Abstract This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU’s ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, […]

‘When Cars are the Drivers: Tort Law in the Fourth Industrial Revolution’

Kenneth S Abraham and Robert L Rabin, Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era, 105 Virginia Law Review (forthcoming 2019), available at SLS. Now that self-driving vehicles roam the roads and have already caused injury and death, many talented torts scholars are reviewing the role of tort […]

Special number on Road Accident compensation (Wake Forest Law Review, 2018, volume 53 no 2)

Extra-Strict Liability for Traffic Accidents in France (Jean-Sebastien Borghetti) When Cars Crash: The Automobile’s Tort Law Legacy (Nora Freeman Engstrom) The Regulatory Sweet Spot for Autonomous Vehicles (Mark A Geistfeld) A Comparative Analysis of Traffic Accident Systems (Ernst Karner) From Fault-Based to Strict Liability: A Case Study of an Overpraised Reform (Ronen Perry) € (Hein […]

Mariusz Załucki, ‘Attempts to Harmonize the Inheritance Law in Europe: Past, Present, and Future’

Introduction … In that regard, without a uniform regulation of the inheritance law in Europe, the situation is not satisfactory and these types of conflicts of law will grow. It should be noted that to a minor extent, this problem has already been perceived by various European institutions; however, so far there is no official […]

Jamie Glister, ‘Lifetime Wealth Transfers and the Equitable Presumptions of Resulting Trust and Gift’

Introduction … If there is insufficient evidence of the parties’ intent, then the law’s default presumptions come into play. These presumptions are the presumption of resulting trust and the presumption of gift (also called the presumption of advancement). This Article will outline the elements of these presumptions, detailing when and how they operate. In doing […]

Hofri-Winogradow and Kaplan, ‘Property Transfers to Caregivers: A Comparative Analysis’

Introduction … In this Article, we examine approaches taken to property transfers to caregivers in US federal law, several US states, Israel, and the UK. We review the advantages and disadvantages of the principal mechanisms for compensating family caregivers: testamentary bequests by care recipients, an explicit salary paid by care recipients, public benefits payable to […]

‘It’s the Punitive Damages, Stupid’

“There’s a compelling (yet terrifying) new ‘must-see’ documentary now streaming on Netflix called ‘The Bleeding Edge’. Here’s the Los Angeles Times’ lead paragraph about it: ‘If body-horror auteur David Cronenberg had dramatized any of the nightmarish stories in Kirby Dick and Amy Ziering’s medical documentary The Bleeding Edge, you wouldn’t hesitate to call it a […]

Kesan and Hayes, ‘Liability for Data Injuries’

Abstract Data insecurity affects the general public to a significant degree, and the law needs to step forward and cope with the challenges posed by data breaches, data misuse, and data injuries. The primary goal of this article is to provide a thorough analytical framework for data breach cases that specifically focuses on the evolutions […]

Mark Lemley, ‘Privacy, Property, and Publicity’

Abstract In Jennifer Rothman’s new book The Right of Publicity: Privacy Reimagined for a Public Age, she argues that we have wrongly reconceived the right of publicity as an intellectual property (IP) right rather than as a privacy-like right of ‘self-ownership’, and that in doing so we have let it grow unchecked in ways that […]

Baldwin, Buckley and Slaugh, ‘Insuring Against Privacy Claims Following A Data Breach’

Abstract Companies and the lawyers who represent them are justifiably concerned about the many risks associated with cyber security threats. In today’s economy, data breaches invariably result in the loss or improper disclosure of consumer data and litigation consistently ensues. Complaints frequently allege privacy-related claims, including the common law tort of unreasonable publicity given to […]