Monthly Archives: June, 2024
‘Empirical teaching in law: Building an empirical legal revolution’
There is a growing need – and desire – for empirical legal research, and for lawyers who are empirically literate, that is, able to use, evaluate and deploy empirical evidence in their work. Politicians, regulators and policy-makers are increasingly interested in studies examining the practical impact of law and regulation. Further, judges are being required […]
Harison Citrawan, ‘The Non-Dogmatic Image of Comparative Law’
ABSTRACT This study discusses the epistemological dimension of critiques of comparative law. It contends that the critiques rest upon what I call mode of differentiation, that is, an epistemology of comparing ‘the other than’ or ‘the different from’. The argument builds upon re-examination of some contemporary critical approaches to comparative law from a Deleuzian jurisprudence, […]
Carrie Bradshaw, ‘Corporate Liability for Toxic Torts Abroad: Vedanta v Lungowe in the Supreme Court’
ABSTRACT Multinational corporate groups pose a challenge to traditional methods of legal control, particularly when corporations domiciled in wealthy western countries exploit, through foreign-domiciled subsidiaries, the resources and ‘weak governance’ of the developing world. In holding England as the proper place in which to bring a claim against both a UK-domiciled company and its Zambian […]
Przemysław Pałka, ‘Terms of Service of Social Media Platforms’
ABSTRACT This chapter concerns itself with the terms of service of social media platforms. First, it surveys the rich literature on the matter: the empirical studies, voices from the contract law perspective, and contributions situating these documents in the broader context of platform power. Then, the chapter analyzes various functions that terms of service play […]
Ole Andreas Rognstad, ‘Creations Caused by Humans (or Robots)? Artificial Intelligence and Causation Requirements for Copyright Protection in EU Law’
ABSTRACT The current legal framework for protecting works of authorship in EU law presupposes that the work is the author’s ‘own intellectual creation’. The requirement is challenged in an environment where AI is used in creative processes. It is presumed that the concept of ‘own intellectual creation’ implies a causation requirement in that creation must […]
‘Choice of Law and the CISG’
Last week, I wrote about a New York case in which the court and the litigants failed to recognize the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In today’s post, I discuss a case decided by a federal court in Rhode Island, Chilean Sea Bass Inc v […]
‘The overlooked realm of tactile artistic works within UK Copyright Law’
When we think about art in relation to copyright in the UK, there may be a temptation to restrict what we perceive as artistic to a literal interpretation of the categories contained in s 4 of the Copyright, Design and Patents Act 1988 (‘CDPA’). These include mediums such as graphic works, sculpture or a work […]
Tanya Monestier, ‘Cake-and-Eat-It-Too Clauses’
ABSTRACT Imagine this: You have signed on the dotted line to purchase a home for $500,000. You have put down an earnest money deposit of $25,000. Right before closing, you find out that your bank will not provide the financing you thought you had secured. You can no longer afford to purchase your dream home. […]
Hallinan, Reynolds and Rothenstein, ‘Copyright callouts and the promise of creator-driven platform governance’
ABSTRACT Responding to frustrations with the enforcement of copyright on YouTube, some creators publish videos that discuss their experiences, challenge claims of infringement, and critique broader structures of content moderation. Platform callouts, or public complaints about the conduct of or on platforms, are one of the primary ways creators challenge the power imbalance between users […]
‘“Google Zero”: Incentives and Remuneration in a New Era of “Agentic” Copyright’
‘I got the new stuff!’ are the background lyrics of the latest Google advertisement about the future of online search. ‘Overviews’ is a new feature that is gradually being rolled out to Google’s users globally. This new specialised feature makes it possible to summarise the web and show users an overview of answers to search […]