Monthly Archives: September, 2024
Lupica and Neumann, ‘Thwarting the Inevitability of Over-Indebtedness’
ABSTRACT Structural inequalities in the United States have led to millions of Americans struggling to pay their bills each month. A single emergency – a sick child, an unexpected car tow, or a reduction in hours at work – can force a low-income household to the brink of financial disaster, risking eviction and overindebtedness. Such […]
Phillip Magness, ‘The Problems with Piketty’s Data’
ABSTRACT The Law and Political Economy (LPE) movement frames itself as a legal retort to a ‘crisis’ of rising inequality in the United States, and calls for corrective policy interventions through novel and heavily progressive forms of taxation. These proposals, in turn, are based upon the empirical claims of economist Thomas Piketty. I show that […]
Sandra Wachter, ‘Limitations and Loopholes in the EU AI Act and AI Liability Directives: What This Means for the European Union, the United States, and Beyond’
ABSTRACT Predictive and generative artificial intelligence (AI) have both become integral parts of our lives through their use in making highly impactful decisions. AI systems are already deployed widely – for example, in employment, healthcare, insurance, finance, education, public administration, and criminal justice. Yet severe ethical issues, such as bias and discrimination, privacy invasiveness, opaqueness, […]
Guy Davidov, ‘Using AI to Mitigate the Employee Misclassification Problem’
ABSTRACT Misclassification of employees as independent contractors is widespread. This article aims to make two contributions. My first goal is to sharpen the explanation of why misclassifications persist; I argue that three well-known problems – the indeterminacy of employee status tests, the barriers to self-enforcement, and the inequality of bargaining power – together combine to […]
Rustam Mirrakhimov, ‘On the effectiveness of the civil regime’s penalty-setting framework against insider dealing in the UK’
ABSTRACT This paper carries out a first-of-its-kind evaluation of the effectiveness of insider dealing policy in the UK focusing on the civil regime’s penalty-setting framework against individuals. Under the assumption that there is a risk of underestimating illegal benefits from insider dealing for the purposes of a penalty determination, and due to the ambiguous punitive […]
Dionysia Katelouzou, ‘The Unseen “Others”: A Framework for Investor Stewardship’
ABSTRACT Institutional investors, as stewards, exercise power on behalf of their clients/beneficiaries, and in doing so, regard a broader spectrum of ‘unseen’ others – end investors, investable assets, and the broader economy, environment, and society. This analytical framework reveals a crucial distinction: the interests of these unseen others may not align with those of the […]
‘Why the Data Wall and the Advance of Quantum Computing Matter to Copyright Lawyers’
Large language models are built on scale. The bigger they are, the better they perform. The appetite for letters of these omnivorous readers is insatiable, so their literary diet must grow steadily if AI is to live up to its promise. If Samuel Johnson, in one of his famous Ramblers of 1751, grumbled about the […]
‘Call For Papers: Trusts & Estates Collaborative Research Network (CRN) of Law and Society Association’
Trusts & Estates Collaborative Research Network – Law and Society Association Annual Meeting – Chicago, Illinois May 22-25, 2025. Call for Participation – Deadline September 29, 2024. The Trusts & Estates Collaborative Research Network invites proposals for (i) individual papers to be organized into panels; (ii) fully-formed panel proposals; and (iii) proposals for other sessions […]
Solaiman and Malik, ‘Regulating algorithmic care in the European Union: evolving doctor–patient models through the Artificial Intelligence Act (AI-Act) and the liability directives’
ABSTRACT This article argues that the integration of artificial intelligence (AI) into healthcare, particularly under the European Union’s Artificial Intelligence Act (AI-Act), poses significant implications for the doctor–patient relationship. While historically paternalistic, Western medicine now emphasises patient autonomy within a consumeristic paradigm, aided by technological advancements. However, hospitals worldwide are adopting AI more rapidly than […]
Bacharis and Osmola, ‘Bridging the gap(s): The importance of private law theory in the EU context’
ABSTRACT This article advocates for applying private law theories originating in the common law to EU private law. It argues that those theories can enhance the coherence and workability of EU private law, which currently lacks a comprehensive doctrinal structure. They can also help EU private law overcome the prevailing but flawed functionalist approach that […]