Monthly Archives: July, 2024
Gordon-Tapiero and Kaplan, ‘Unjust Enrichment by Algorithm’
ABSTRACT Social media platforms have become enormously powerful, accumulating wealth at an alarming rate and influencing public opinion with unprecedented efficiency. Platforms use algorithms that promote discriminatory, divisive, extreme, and false content. In recent years, content promoted by social media platforms fueled a series of calamities: the spread of disinformation during the COVID-19 pandemic, the […]
Adam Levitin, ‘The New Usury: The Ability-to-Repay Revolution in Consumer Finance’
ABSTRACT American consumer credit regulation is in the midst of a doctrinal revolution. Usury laws, for centuries the mainstay of consumer credit regulation, have been repealed, preempted, or otherwise undermined. At the same time, changes in the structure of the consumer credit marketplace have weakened the traditional alignment of lender and borrower interests. As a […]
‘Journalism vs data privacy: The GDPR dilemma in reporting crimes’
When reporting crimes, news portals (hereinafter often referred to as controllers who determine the means and purposes of processing personal data) frequently publish personal data (any information that directly or indirectly identifies an individual, as defined in Article 4(1), Regulation 2016/679). For instance, during the Madeleine McCann case, news agencies published unproven allegations against the […]
Nathalie Smuha, ‘The Paramountcy of Data Protection Law in the Age of AI (Acts)’
ABSTRACT Artificial Intelligence’s data-driven nature renders it undeniably impactful on the rights to privacy and data protection. It is therefore no surprise that Europe’s upcoming AI Act is entwined with regulation that seeks to protect those rights, amongst other EU values. In this article, I dive deeper into the relationship between the AI Act and […]
Amy Schmitz, ‘Responsible Use of AI in Civil Dispute Resolution’
ABSTRACT Technology has become the ‘fourth party’ in dispute resolution through the growing field of online dispute resolution (ODR), which includes using a broad spectrum of technologies in negotiation, mediation, arbitration, and everything in between. Furthermore, AI has become a particularly powerful fourth party, and may even become the third party in some situations where […]
Sandra Booysen, ‘The Bank’s Duty of Care as Payment Agent – Philipp v Barclays Bank UK Plc’
ABSTRACT In a much-anticipated decision, the UK Supreme Court has settled a question on the scope of a bank’s duty of care when processing payments authorised by a customer or their agent. The duty has been narrowly construed in this context. This comment criticizes the decision for not responding to the societal problem of scam […]
Roberts and Richardson, ‘Privacy, Punishment and Private Law’
ABSTRACT While private law has developed various causes of action for breach of privacy, the criminal law has seldom used the concept of privacy in defining its proscriptions. There is no recognised category of ‘privacy crimes’. But new technologies are posing ever more serious threats to our privacy. On the one hand, this has led […]
Kyrylenko and Zafrilla Díaz-Marta, ‘Geographical Collective Marks after Halloumi: Quo Vadis?’
ABSTRACT Since its first legal act, the European Union’s (EU) acquis on trade mark includes the notion of geographical collective marks (GCMs). Incorporated upon Spain’s initiative, GCMs are a special category within collective marks as, by way of derogation, they are allowed to be geographically descriptive. As a result of this special treatment, GCMs are […]
‘Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?’
Although large, general purpose AI (GPAI) or ‘foundation’ models and their generative products have been around for several years, it was ChatGPT’s launch in November 2022 which captured the public and media’s imagination as well as large amounts of venture capital funding. Since then, large models generating not just text and image but also video, […]
David Horton, ‘Accidental Arbitration’
ABSTRACT The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. However, this Article explores a subtler way in which arbitration’s kingdom is growing. Increasingly, defendants are trying to enforce ultra-broad arbitration agreements that nobody at the time of contracting could have […]