Monthly Archives: August, 2024
Amy Held, ‘The modern property situationship: Is bitcoin better off (left) alone?’
ABSTRACT In modern private international law (PIL), property and situs apparently go hand in hand in an established PIL monogamy to which there tends to be a collective commitment for all PIL aspects of a cross-border dispute for all PIL subcategories of property objects. This article argues that mechanistic deference to such apparent property-situs monogamy […]
Alan Brener, ‘Policymaking and the Trade Description Act 1968: cultural success and legal failure’
ABSTRACT Many UK tourists started to go on packaged holidays to the Mediterranean in the 1960s. The boom in these types of holidays, sometimes arranged by slightly piratical entrepreneurs, produced many customer complaints both to the press and MPs. As part of a move to bring some order to this chaos the new Labour government […]
Sagi Peari, ‘Should No Further Books Be Written on the Law of Unjust Enrichment?’
Peter Birks’ four-limb formula of unjust enrichment is well known. According to this formula, the plaintiff should show (a) a transfer of value from them to the defendant (aka ‘enrichment’); (b) a causal link between the defendant’s enrichment and the plaintiff (aka ‘at the plaintiff’s expense’); and (c) the existence of one of the previously-recognized […]
Colin Mayer, ‘Success, Law and ESG’
ABSTRACT The notion of corporate success lies at the heart of directors’ duties in many corporate laws. Freedom of incorporation conferred considerable discretion on companies to determine the nature of their success and create financial value for their investors, subject to conforming with laws and regulation. However, this increasingly came into conflict with the interests […]
Maryna Manteghi, ‘Can text and data mining exceptions and synthetic data training mitigate copyright-related concerns in generative AI?’
ABSTRACT Rapidly emerging generative artificial intelligence (GenAI) models stand at the epicentre of current public discourse. They demonstrate impressive abilities to generate various types of data promptly and cost-effectively. However, AI developers need to train their systems on massive volumes of data which is usually copyrighted. Therefore, the growth of copyright-related concerns in the field […]
Mazzucco and Findlay, ‘Finding A Way Forward: Addressing Organizational Factors Contributing to Systemic Maltreatment in Canadian Sport’
ABSTRACT A range of investigations and empirical research confirms the scope and depth of maltreatment across sport. Legal liability for maltreatment in social institutions, such as sport organizations, has traditionally focused on the direct actions of the individual wrongdoer who perpetrates abuse and on the indirect or vicarious liability of the organization for its failure […]
Hayden and Bodie, ‘A Democratic Participation Model for Corporate Governance’
ABSTRACT Corporate law is in the grip of a fundamental conundrum: whether corporations should seek only to serve shareholders or instead attend to the interests of all stakeholders. The doctrine of shareholder primacy, which focuses the corporation’s attention on the goal of maximizing shareholder wealth, has been startingly successful, capturing the theory and practice of […]
Carys Craig, ‘Copyright and Gender: Feminist Philosophies and the Politics of Proof’
ABSTRACT This chapter considers copyright and gender through a critical feminist frame. Part 1 surveys some feminist philosophical insights into copyright law’s subject matter (original, fixed expression) and its protagonist (the independent rights-bearing author). It explains that core elements of the copyright system thereby encode a masculinist understanding of both creativity and selfhood. Part 2 […]
Amy Cyphert, ‘Generative AI, Plagiarism, and Copyright Infringement in Legal Documents’
ABSTRACT Lawyers are increasingly using generative AI in their legal practice, especially for drafting motions and other documents they file with courts. As they use this new technology, many questions arise, especially surrounding lawyers’ ethical duties with respect to the use of generative AI. Headlines have been dominated by lawyers who have been disciplined for […]
Jack Tsen-Ta Lee, ‘Speaking of the Dead: Human Remains as Heritage in the Singapore Context’
ABSTRACT This article considers, in the Singapore context, the legal status of unburied human remains having heritage value, which might be in the form of a deceased person’s corpse that has not been interred; or preserved remains, possibly in a museum or a private collection. It is submitted that, following the guided discretion approach adopted […]