Monthly Archives: July, 2024
Brittany Morris, ‘TikTok, Copyright, and Justice’
ABSTRACT In 2019, the Copyright Office refused registration for two ‘dances’ that were highly recognizable and traceable to specific individuals. The ‘Carlton’ was refused because it is a ‘simple routine that is not registrable as a choreographic work’. The ‘Milly Rock’ was also refused registration on the same grounds. Epic Games was selling the dances […]
Stephen Bero, ‘Mercy in Tort: An Introduction’
What has mercy to do with tort law? Discussion of mercy in relation to crime and punishment is rich and voluminous, while in-depth discussion of mercy in relation to tort law is virtually nonexistent. Yet mercy has a significance for tort law that deserves more attention than it has received; by recognizing and reckoning with […]
Yarik Kryvoi, ‘Key Concepts of International Arbitration’
ABSTRACT This chapter introduces key concepts of international arbitration and distinguishes it from other methods of international dispute resolution. International arbitration, as a dispute resolution mechanism outside of state courts, based on the consent of parties has a long history stretching from medieval lex mercatoria to modern arbitration institutions. Arbitration’s roots trace back to the […]
Jiabin Lai, ‘Legal Transfer of Cryptoassets’
ABSTRACT This article explores the legal transfer of titles to cryptoassets. It argues that cryptoassets can be transferred through on-chain or off-chain transactions. An on-chain transaction is a thing-transferring event that involves the delivery of the same thing. Cryptoassets can be transferred off-chain by giving the transferee the private key, transferring a title to the […]
Carlarne and Hirokawa, ‘Disrupting Dominance’
ABSTRACT Climate change poses one of the greatest threats to human health and well-being. It also poses enormous challenges to the rule of law. As climate change progresses and climate impacts intensify, it becomes increasingly urgent to consider whether and how we are drawing upon the law as a tool to advance human adaptation to […]
Maria Andrianova, ‘The Category of Fiduciary in Private Law’
ABSTRACT It seems that fiduciary relations are a special category of legal relations, the basis of which is trust between the parties Often fiduciary relations are limited in scope (within the framework of contracts of assignment, commission, agency, as well as trust management of property). However, fiduciary relations are a more complex category; reference to […]
‘Will AI spark a new type of negligence claim?’
Lawyers contemplating whether to embrace artificial intelligence are ‘damned if they do and damned if they don’t’. That is how the Master of the Rolls put it in a recently published speech to the Professional Negligence Bar Association, looking at how AI might affect negligence claims against lawyers. Sir Geoffrey Vos divided lawyers’ attitudes to […]
Marcus Roberts, ‘An Update on Frustration in New Zealand: The Multifactorial Approach in the Age of COVID-19’
ABSTRACT This article examines the recent case law discussion of the doctrine of frustration in New Zealand since the Supreme Court’s decision in Planet Kids Ltd v Auckland Council. It shows that, while the multi-factorial approach set out by Rix LJ in The Sea Angel was adopted in Planet Kids, the subsequent lower court decisions […]
Renee Henson, ‘“I am Become Death, the Destroyer of Worlds”: Applying Strict Liability to Artificial Intelligence as an Abnormally Dangerous Activity’
ABSTRACT Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or […]
Jash Mistry, ‘AI Takes the Gavel: Contract Laws’ New Sidekick in Automated Decision-Making’
ABSTRACT The emergence of smart contracts and the increasing integration of Artificial Intelligence (AI) have introduced new dimensions to traditional contract law. This research paper explores the impact of artificial intelligence (AI) on contract law in India, with a particular focus on policy design and agreement formation. It examines the pros and cons of AI’s […]