Monthly Archives: March, 2024
Liane Colonna, ‘Teachers in the loop? An analysis of automatic assessment systems under Article 22 GDPR’
This article argues that while there is great promise in the everyday automation of higher education to create benefits for students, efficiencies for instructors, and cost savings for institutions, it is important to critically consider how AI-based assessment will transform the role of teachers and the relationship between teachers and students. The focus of the […]
Shahshahani and Wittlin, ‘The Missing Element in Trademark Infringement’
ABSTRACT As trademark law is currently litigated and understood, a plaintiff may succeed on an infringement claim by showing that (1) it owns a valid trademark, and (2) the defendant used a mark in commerce that is likely to confuse consumers into thinking that the plaintiff’s and defendant’s products come from the same source. We […]
‘The Lidl v Tesco Appeal: Lord Justice Arnold on Passing off’
This is the second of my supplementary articles on Lord Justice Jackson’s judgment in Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Another (Rev1) [2024] EWCA Civ 262 (19 March 2024). I explained the reasons for these supplementary articles in the second paragraph of Lord Justice Arnold’s Guidance on Trade Mark Law […]
Straetmans and Vereecken, ‘Towards a New Balance Between Private and Public Enforcement in EU Consumer Law’
ABSTRACT European law is having an increasing impact on private enforcement of consumer law in the Member States. Firstly, the European principles of equivalence and effectiveness acted as levers for the CJEU to strengthen the obligation imposed on national courts to apply European consumer law of their own motion (‘ex officio control’). The scope and […]
Souichirou Kozuka, ‘The avatar law and (cyber) transnational contracts’
ABSTRACT The virtual world, often referred to as ‘Metaverse’, has recently emerged as the forum for people to communicate and socialise with each other. It will not be long before economic activities take place in the Metaverse, booming the Metaverse economy. To provide legal certainties to such activities, the law on the subjects of such […]
Donna Shestowsky, ‘Civil Litigants’ Evaluations of Their Legal Experiences’
ABSTRACT How do litigants evaluate their experiences with the civil justice system? What we know about this important subject has grown out of foundational academic research in procedural justice and studies of litigant involvement in court programs. The volume of projects dedicated to understanding litigant experiences falls short in relation to the magnitude of civil […]
Lisa Austin, ‘COVID-19 and the Data Governance Gap’
ABSTRACT The COVID-19 pandemic has highlighted many complexities involved in using data and advanced technologies to help resolve public health emergencies. These complexities highlight the need to embrace a broader framework of data governance with three foundational questions: (a) who decides about data flows, (b) on what basis, and (c) with what accountability and oversight. […]
Eric Heinze, ‘Multidisciplinary Theory in Law’
ABSTRACT In the English-speaking world countless textbooks adopt the same basic story about how legal theory became multidisciplinary. They teach that in the 19th and 20th centuries legal positivism had theorized law as an autonomous or ‘anti-multidiscplinary’ social system, yet positivists failed to explain certain important elements or operations of law. The problem with that […]
Robert Thompson, ‘Private Ordering and Contracting Out in Twenty-First-Century Corporate Law’
INTRODUCTION Private ordering and contracting out seem to be in the midst of a golden age in American entity law. Among closely held entities, Limited Liability Companies (LLCs) have swept the space. LLC statutes and case law proclaim the central policy ‘to give the maximum effect to … freedom of contract’. Close corporation law in […]
‘Third seminar on Rights In Rem – Tarragona, 4-5 April 2024′
Third International Seminar on Rights In Rem in the European Union, ‘Conflict of Laws on rights in rem in the EU: Status Quo and Proposals for the Future’, is the closing dissemination activity within the project PID2020-112609GB-I0 ‘Property Rights System over Tangible Goods in the Field of European Private International Law: Aspects of International Jurisdiction […]