Monthly Archives: May, 2024
Deimantė Rimkutė, ‘Shaping Civil Liability in the Digital Age: AILD and the Revisited PLD’
ABSTRACT This article assesses two proposals for directives put forward by the European Commission: The Artificial Intelligence Liability Directive and the revised Product Liability Directive. The first part of the article introduces and compares the two proposals for directives. The subsequent part assesses the key elements of the Directives, including the scope of the application; […]
Jeffrey Helmreich, ‘Against Harm: Keating on the Soul of Tort Law’
ABSTRACT An orthodox view of tort law sees it as primarily a means of assigning costs – for economic reasons, on some views, or for moral reasons, on others. Gregory Keating compellingly challenges this orthodoxy, showing how tort is essentially a matter of setting prospective norms designed to protect rational agents from wrongful harms, to […]
María Guadalupe Martínez Alles, ‘Situating Tort Law Within a Web of Institutions: Insights for the Age of Artificial Intelligence’
ABSTRACT Reasonableness and Risk offers two main claims that might open up fruitful avenues for further reflection. The first claim has to do with the need to abandon form and turn our attention to substance. The argument is that we cannot understand or justify the law of torts without attending to the interests that it […]
Dave Fagundes, ‘Who Is the Bad Art Judge? Aesthetic Nondiscrimination in Andy Warhol Foundation v Goldsmith’
ABSTRACT Most commentary about Andy Warhol Foundation for the Visual Arts, Inc v Goldsmith focuses on fair use. This Essay highlights the significance of a different feature of the recent Supreme Court decision: the Warhol Court’s treatment of the doctrine of aesthetic non-discrimination. Famously articulated in Bleistein v Donaldson, this doctrine holds that judges’ opinions […]
Guido Westkamp, ‘Borrowed Plumes: Taking Artists’ Interests Seriously in Artificial Intelligence Regulation’
ABSTRACT The essay considers claims for extended property rights and the ascription of fundamental rights to artificial intelligence (AI) artefacts vis-à-vis human creativity. It argues, in principle, that recent developments in copyright and platform regulation (entirely unrelated to AI) have led to a meteoric rise of what may very broadly be referred to as claims […]
Grochowski, Esposito and Davola, ‘Price Personalization vs Contract Terms Personalization: Mapping the Complexity’
ABSTRACT Algorithmic pricing did not arise in a vacuum but is part of a wider phenomenon of using personal data to profile individuals on the market and make predictions about their preferences and behaviour in future market settings. The potential for price personalization is one of the most important and salient aspects of the wider […]
Anita Bernstein, ‘Privity 2.0 May Be Even Better for Tort Defendants’
ABSTRACT Privity reinvigorated in the current century comes with a few tradeoffs, to be sure. It does not have the pre-MacPherson sweeping power to vaporize an unwanted complaint, especially one alleging physical injury, but in some respects it is more useful for entities that line up on Team Defendant. If pre-MacPherson privity had been a […]
‘Torts: Medical Malpractice Is Approved’
The American Law Institute’s membership voted today to approve Restatement of the Law Third, Torts: Medical Malpractice. Led by Reporters Nora Freeman Engstrom of Stanford Law School, Michael D Green of Washington University School of Law, and Mark A Hall of Wake Forest University School of Law, the project was launched as part of Restatement […]
‘Litigation funding supports the public interest, major research finds’
Litigation funding supports the public interest and access to justice but will remain niche in aiding consumers, according to major research which identified 44 cases in the last five years. It also highlighted a risk of litigation funding being used for economic crime – where it is difficult for law firms to know the ultimate […]
‘Insurance Risk and Democratic Police Reform’
Culver City, California was one of the many cities during the summer of 2020 where local organizers mobilized to reimagine policing. A grassroots coalition in Culver City called for the city’s police department budget to be cut by 50%, with the money reallocated toward non-police public safety alternatives, including shifting first-line response away from sworn […]