Monthly Archives: August, 2024
Hubbard and Starger, ‘The Collision Course Between Outdated State Laws and Automated Vehicles’
ABSTRACT America stands at the precipice of a vehicular revolution. Hundreds of thousands of self-driving vehicles – often referred to as ‘automated vehicles’ or ‘AVs’ – are already rolling out across the nation, and innovators assert that AVs will make our roads safer, less congested, and more economically productive. However, reaching these dreams of self-driving […]
Frédéric Perron-Welch, ‘Striking a balance between innovation and tradition in the global patent system’
LEGAL CONTEXT AND FACTS After over two decades of discussions in the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), a Diplomatic Conference in Geneva adopted the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (Treaty on IP, GR and ATK) in […]
Keay and Lombard, ‘Financial distressed companies and directors’ obligation to consider creditors’ interests: An Anglo-Australian comparison of the obligation’s trigger and application’
ABSTRACT Many common law jurisdictions recognise that directors have an obligation to consider the interests of company creditors when the company is experiencing financial distress. Despite numerous cases attempting to crystalise legal principles related to this obligation and significant academic commentary on the topic, the parameters of the obligation remain uncertain. This paper provides an […]
Martin Dixon, ‘Real Property, Licenses and the Slippery Idea of Possession’
ABSTRACT The paper analyses the concept of ‘possession’ in land law from a practical, rather than a theoretical perspective. It postulates that possession can be ‘definitional’ or ‘remedial’. When it is definitional it necessarily implies a property right; when it is remedial, it may not. The failure to analyse possession in terms of case law […]
Choi Young Jae, ‘Falsifying falsification’
ABSTRACT Almost a decade after the UKSC’s decision of AIB v Redler, there remains significant academic criticism and judicial scepticism towards the employment of causal inquiries in equity’s remedial response to trustees’ misapplications of trust property. This article seeks to defend AIB, and the causal principles enunciated therein, from those criticisms. It does so by […]
Zachary Henderson, ‘Artificial Intelligence, Probabilistic Dispute Resolution, and the Small-Claims Wasteland’
ABSTRACT ‘You can think of transaction costs broadly as pain-in-the-ass costs. All platforms reduce these costs in some way’ – Alex Moazed, author of Modern Monopolies. In the United States, thousands of viable claims routinely drown in a sea of transaction costs. If you’re a customer wronged by a company, chances are you have little […]
Riz Mokal, ‘The Mysterious Pari Passu Principle’
ABSTRACT We know that Lord Justice Snowden’s landmark judgment for a unanimous Court of Appeal of England and Wales in Adler (2024) emphasised the presumptive importance of the pari passu principle. But what does this principle amount to? What does it require? The term ‘pari passu’ is used in judicial and textbook writings to refer […]
Aboy, Lath, Minssen and Liddell, ‘The sufficiency of disclosure of AI inventions’
INTRODUCTION Given the complex and data-driven nature of artificial intelligence (AI) technologies, ensuring adequate disclosure is particularly challenging. Part of the difficulty stems from intrinsic features of AI systems, which can solve problems in many different fields (meaning the mere idea of using AI is often obvious) and require training data and training processes to […]
Sylvia Lu, ‘Regulating Algorithmic Harms’
ABSTRACT In recent years, the rapid expansion of artificial intelligence (AI) innovations has led to a rise in algorithmic harms – harms emerging from AI operations that pose significant threats to civil rights and democratic values in today’s technological landscape. A facial recognition system for improving criminal detection wrongly collected sensitive personal data and flagged […]
Basu, Omotubora and Fox, ‘Autonomous delivery robots: a legal framework for infliction of game-theoretic small penalties on pedestrians’
ABSTRACT Autonomous delivery robots (ADRs) must share and negotiate for public and private space with pedestrians. Game theory shows that this requires making credible threats of inflicting at least small harms onto members of the public, which requires new legal justification. To this end, we argue that ADRs could be considered as pedestrians under existing […]