Monthly Archives: September, 2024
Matthew Leitch, ‘Disclosing alternative treatments: towards a Bolam–Montgomery partnership’
INTRODUCTION Montgomery v Lanarkshire Health Board marked a significant change in the law relating to informed consent. It made clear that the test outlined by McNair J in Bolam v Friern Hospital Management Committee, that a doctor will not be negligent where they act in accordance with practice accepted as proper by a responsible body […]
Ringort and Sela, ‘An Information Flow Model of Online Mediation: Jeopardizing Privacy and Autonomy in the Shadow of Innovation’
ABSTRACT Online mediation has developed significantly over the past decade, and increasingly so following the COVID-19 pandemic. Online mediation platforms are now integrated into both private and public settings, enabling mediation through diverse means-from videoconferencing software to dedicated platforms that use various procedural and technological tools, including artificial intelligence powered applications. The digital transformation of […]
John Weaver, ‘Artificial Intelligence and Governing the Life Cycle of Personal Data’
ABSTRACT With other countries making efforts to regulate and govern artificial intelligence (‘AI’), it was only a matter of time before American legislators began similar efforts. In December 2017, a bipartisan group of US senators and representatives introduced the Fundamentally Understanding the Usability and Realistic Evolution of Artificial Intelligence Act of 2017 (the ‘FUTURE of […]
Matthew Shapiro, ‘Litigation as Accommodation’
ABSTRACT As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public values it aims to serve. Public law employs a distinctive set of strategies for addressing that challenge: vesting institutional […]
Carrie Menkel-Meadow, ‘Dispute Resolution as Civil Justice: The Evolution of Process Pluralism’
ABSTRACT This chapter focuses on the evolution of modern conceptions of process pluralism, encompassing the many ways civil disputes are handled, managed or resolved, through a variety of processes, not just adjudication. The modern ‘A’ (appropriate, alternative, accessible, aspirational) Dispute Resolution movement began with a call for a ‘Multi-Door Courthouse’ at the Roscoe Pound Conference […]
Kenneth Simons, ‘Exploring Nonconsequentialist Accounts of Negligence and Risky Tradeoffs’
ABSTRACT Negligence doctrine dominates tort law, yet its scope and underlying justification remain contested. One of the most controversial questions is the propriety of employing the Learned Hand test as a criterion of reasonable care or ordinary prudence. Is it helpful, or even essential, to evaluate whether the actor’s burden of taking a precaution (B) […]
Guido Calabresi, ‘The Promise and Peril of “Law And …”’
INTRODUCTION For over a hundred years, American law has been characterized by an explicit reliance on fields of learning outside of law to examine and criticize governing legal rules, and thereby bring about reform in those rules. Rejecting the notion that law is an independent, self-contained system, this external examination of law – leveraging a […]
Pavel Slutskiy, ‘Yes, You Should Own Bitcoin’
ABSTRACT This article attempts to challenge the argument that bitcoin cannot be owned within a libertarian legal order. According to the contested view, bitcoin, as a digital asset, does not meet the criteria for traditional ownership due to its nonphysical nature as an intangible asset. However, the counterargument presented in the article asserts that people […]
Itay Perah Fainmesser, ‘Marketplace Trust’
ABSTRACT Platforms introduce immense opportunities for trade through reduced search costs and improved matching. However, for these possibilities to materialize, users must take the chance and participate in the platforms’ activities-they need to trust that they will be paid, receive high quality goods or services in return for their money, or that their information will […]
Heilpern, Brown, Smith and Eggington, ‘Going Generic: A Linguistics Approach to Genericide in Trademark Law’
ABSTRACT The brand names ‘aspirin’, ‘escalator’, and ‘cellophane’, were so widely used by the public that they became a problem for their owning companies. The terms became synonymous with the product itself and were determined by courts to have become ‘generic’, losing their trademark protection and allowing anyone to use the terms. This loss of […]