Monthly Archives: August, 2024
Adrian Briggs, ‘The Hague Judgments Convention 2019’
INTRODUCTION The Hague Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2019 will come into force for the United Kingdom on 1 July 2025. It will represent the principal means for the mutual recognition of judgments between the United Kingdom and the European Union (and any other states adopting it), […]
‘Australia: With more lawsuits potentially looming, should politicians be allowed to sue for defamation’
Western Australia Senator Linda Reynolds is already embroiled in a bruising defamation fight against her former staffer Brittany Higgins. Now, Opposition Leader Peter Dutton is reportedly considering suing independent MP Zali Steggall after she told him to ‘stop being racist’. It has become impossible to miss the fact that our political class – including some […]
Sergio Mittlaender, ‘Conflict and Property Law: The Hidden Costs of Takings and of Liability Rule Protection’
ABSTRACT This paper presents a novel argument for the law’s preference for property over liability rules that is based on their potential to reduce socially costly forms of retaliation by victims of takings. Property rules can better mitigate conflict and discourage costly punishment by victims, thereby increasing social welfare. This hypothesis is tested empirically in […]
Michael Chatzipanagiotis, ‘Trying to Fit a Square Peg into a Round Hole: Individual Remedies for Unfair Commercial Practices Under Art 11a UCPD’
INTRODUCTION The The Unfair Commercial Practices Directive (UCPD), a full-harmonisation directive, is one of the most important sector-wide instruments of EU consumer-protection law. It aims at protecting the freedom of consumers to form a transactional decision. The Directive provides for a general definition of unfairness (Art 5) and special rules on the two most frequent […]
‘Damages: Symposium Presentation of Anthony Sebok’
ABSTRACT Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm §27 adopts the ‘Anderson Rule’, stating that a simultaneous sufficient cause does not prevent a tortious actor from being considered a cause-in-fact and thus potentially liable for the harm caused. However, Comment d of §27 reserves the issue of apportioning liability among […]
Linda Silberman, ‘Two Examples of the Counter-Revolution in US Private International Law (Torts and Party Autonomy in Contracts) – From Standards to Rules’
ABSTRACT These two articles – one on tort conflicts and one on party autonomy in contracts – are updates of two earlier lectures from my summer 2021 Hague Academy General Course Lectures that were delivered remotely and asynchronously during that summer. Since that time, new drafts of the Torts and Party Autonomy provisions of the […]
Cameron Harwick, ‘Morality is Fractal’
ABSTRACT If the basic purpose of moral norms is to coordinate on the conditions under which one should cooperate in social dilemmas, this paper shows that the boundaries of such conditions must be fractal. In other words, as one focuses on the border of the area in signal space where the best response flips from […]
Chen Meng Lam, ‘Revisiting Loss of Chance in Medical Negligence: Employing Public Policy Positively as Justification’
ABSTRACT The loss of chance doctrine in medical negligence has triggered much controversy and debate across jurisdictions. Courts in various jurisdictions including England, Australia, the United States and Singapore have taken differing approaches toward the loss of chance doctrine. Despite the considerable debate surrounding the loss of chance doctrine, the state of law on this […]
James Grimmelmann, ‘The Defamation Machine’
ABSTRACT Can ChatGPT commit libel? Defamation of a public figure requires a false statement of fact made with knowledge or reckless disregard of its falsity. But do these doctrines of meaning and knowledge, created with humans in mind, even make sense when the ‘defendant’ is a computer system? I argue that answering these legal questions […]
Alexander Peukert, ‘Regulating IP exclusion/inclusion on a global scale: the example of copyright vs AI training’
ABSTRACT This article builds upon the literature on inclusion/inclusivity in IP law by applying these concepts to the example of the scraping and mining of copyright-protected content for the purpose of training an artificial intelligence (AI) system or model. Which mode of operation dominates in this technological area: exclusion, inclusion or even inclusivity? The features […]