Monthly Archives: March, 2024
Bedford, Bonython and Taylor, ‘Law as it is, and how it could be: law reform participation as authentic assessment and a pedagogical tool’
ABSTRACT Legal education occurs against a backdrop of governing ideologies, including vocationalism – education for the profession, and intellectualism – law as an educational discipline. Additionally, empirical evidence suggests that society and students require elements from each approach to fulfil their needs. In this paper, we advocate expanding the use and integration of authentic assessment […]
Ballardini, van Genderen and Nokelainen, ‘Legal incentives for innovations in the emotional AI domain: a carrot and stick approach?’
ABSTRACT Emotions strongly influence the human way of living and life experiences. In this context, Artificial Intelligence (AI) technologies are crucial to pushing developments further. Although emotional AI-driven innovations are welcome in our society, they might also have negative effects on the interdependence and autonomy of natural persons. Thus, they might be challenged by several […]
Alisa White, ‘Private Law for Land Back’
ABSTRACT This Article describes the emerging role of private institutions in returning land and land access to Indigenous peoples. Indigenous peoples have long advocated for the return of Indigenous lands, including through the Land Back movement. While many calls for Land Back have focused on public lands and government actors, this Article describes how private […]
William Gummow and Aryan Mohseni, ‘The Selection of a Defective Major Premise’
ABSTRACT In a common law system of reasoning, there is no definitive method to identify the correct legal rule, or major premise, from which there proceeds the reasoning to the result. At a more fundamental level, there are also no a priori rules to determine the correct level of generality at which to pitch the […]
Spyridon Bazinas, ‘Digital assets and private law: is there a need for a uniform law?’
ABSTRACT The various legislative initiatives around the world on the private law aspects of digital assets are a clear indication of both the importance and the urgency of preparing rules of law to adjust private law in general and secured transactions law in particular to address emerging technologies. All these initiatives raise the question whether […]
Catherine Sharkey, ‘A Products Liability Framework for AI’
ABSTRACT A products liability framework, drawing inspiration from the regulation of FDA-approved medical products – which includes federal regulation as well as products liability – holds great promise for tackling many of the challenges artificial intelligence (AI) poses. Notwithstanding the new challenges that sophisticated AI technologies pose, products liability provides a conceptual framework capable of […]
Weiming Tan, ‘Directors, Concurrent Fiduciary Duties, and Ad Hoc Fiduciary Relationships’
ABSTRACT In Tan Teck Kee v Ratan Kumar Rai, the Singapore Court of Appeal had occasion to decide whether, and when, a director of a company may owe concurrent fiduciary duties both to a third-party and to his principal company. Furthermore, the apex court took the chance to consider when an ad hoc fiduciary relationship […]
Jeremy Watson, ‘Copyright and the Production of Hip Hop Music’
ABSTRACT Digital technologies have negated the costs of replicating information, disrupting the production process in many creative content industries. Copyright policy may impede this effect if formal intellectual property rights raise costs and hamper the re-use of information goods in new products. Utilizing US federal court decisions that strengthened the breadth of existing copyrights, this […]
Bublick and Yakowitz Bambauer, ‘Tort Liability for Physical Harm to Police Arising From Protest: Common-Law Principles for a Politicized World’
ABSTRACT When police officers bring tort suits for physical harms suffered during protest, courts must navigate two critically important sets of values – on the one hand, protesters’ rights to free speech and assembly, and on the other, the value of officers’ lives, health, and rights of redress. This year courts, including the United States […]
Thomas Giddens, ‘A Roman face on an English body: the typography of Plowden’s Commentaries’
ABSTRACT This paper examines the typographic form of Plowden’s Commentaries within its legal, printing, and technological histories, demonstrating that its typographic appearance embeds complex tensions over the study and dissemination of the common law into its material form. There are legally relevant meanings in the shape of letters, beyond mere legibility, that are connected with […]