Monthly Archives: June, 2024
Dev Gangjee, ‘Panoptic Brand Protection? Algorithmic Ascendancy in Online Marketplaces’
ABSTRACT As e-commerce continues to grow, so do counterfeits, which circulate online in ever greater numbers. Larger online marketplaces – notably, Amazon, eBay and the Alibaba group – have responded by developing preventive, proactive filtering tools powered by machine learning algorithms. These automated filters detect and remove counterfeits at scale. While the legitimacy of proactive […]
Bar Fargon Mizrahi, ‘Empowering Digital Consent: A Risk-Focused Due Diligence Tool’
ABSTRACT We live in an era of almost infinite digital interactions, many of which involve risks to our rights stemming from various problematic practices, such as data-protection infringements, user profiling, and consumer protection violations. Currently, the protection of digital consumers against these risks rests primarily on a ‘notice-and-consent’ regulatory model: users are legally presumed to […]
Kavia and Sharma, ‘Chat GPT and Copyright: Legal and Ethical Challenges’
ABSTRACT Chat GPT, has revolutionized human-computer interactions by enabling human-like conversations. This cutting-edge technology has numerous benefits but raises serious legal and ethical questions. This paper intends to understand the legal and ethical challenges and propose solutions. The AI language model is trained using a vast amount of data, including literary works, which is the […]
SI Strong, ‘Rage Against the Machine: Who Is Responsible for Regulating Generative Artificial Intelligence in Domestic and Cross-Border Litigation?’
ABSTRACT In 2023, ChatGPT – an early form of generative artificial intelligence (AI) capable of creating entirely new content – took the world by storm. The first shock came when ChatGPT demonstrated its ability to pass the US bar exam. Soon thereafter, the world learned that ChatGPT was being used by both lawyers and judges […]
Masabumi Suzuki and others, ‘Civil Follow Criminal or Criminal Follow Civil Procedure as Models to Deal with IP Infringement: Asian vis-à-vis Western Approaches’
ABSTRACT This joint article tries to identify yet another factor that shapes IP laws and regimes in some major Asian economies. It finds that it is the actual use or overuse of criminal punishment for protecting IP rights that distinguishes Asian IP laws and regimes from Western ones typified by Germany. After introducing the two […]
Facemire and others, ‘Animals in the Courtroom’
ABSTRACT Law centers on the experience of the human species. Yet, emerging scholarly and public conversations advocate for bringing animals into spaces once assumed to be human, a growing field known as animal studies. Facemire, Challie and Kinsey, Clayton and Bell, Gwendolyn and Kitlowski, Karolina and Brown, Samantha and Brunswick, Sarah and Apillanes, Sierra and […]
Gregory Klass, ‘A Short History of the Interpretation-Construction Distinction’
ABSTRACT This document collects for ease of access and citation three of my posts on the New Private Law Blog, which chart the conceptual history of the interpretation-construction distinction. The posts begin with Francis Lieber’s 1939 introduction of the concepts, then describes Samuel Williston’s 1920 account of the distinction in the first edition of Williston […]
‘Call for proposals for funding project “Utilization of artificial intelligence in the judicial System”’
As a form of Artificial Intelligence, large language models, are able to produce texts whose linguistic level corresponds to that of an educated human, or to communicate with humans (eg through a chatbot). The judicial system requires the production, interpretation, specification and application of legally relevant texts. Some players within the judicial system are already […]
Jacco Bomhoff, ‘Cold-War Private International Law’
ABSTRACT This paper explores the character of Private International Law, or the Conflict of Laws, during the Cold War. It does this mainly by looking at one specific site where legal scholars and practitioners from the different blocs and non-aligned parts of the world, continued to come together to discuss their field: the yearly summer […]
Lumsden and Fridman, ‘The Duty to Auction: Real or Imagined?’
ABSTRACT What are the duties of directors when they find themselves the subject of an unwanted advance? Is the Australian Takeovers Panel standard different to the standard in the United States and elsewhere? In Australia neither the courts nor the Takeovers Panel have gone so far as to suggest that target directors ought to actively […]