Monthly Archives: December, 2024
‘AI copyright regime steers away from requiring licences in all cases’
Prohibiting AI developers from training their AI models with copyrighted content without a licence in all cases would likely harm the UK’s global competitiveness in AI development, the UK government has said. In a new consultation paper, the government said it instead favours recalibrating the existing data mining exception in UK copyright law to facilitate […]
‘How to Recover Bitcoin for an Estate’
When someone passes away owning Bitcoin or another cryptocurrency, the recovery process can be difficult or impossible. As a personal representative or executor of an estate, the first job is to locate, custody and protect the assets of the deceased. Recovery of Bitcoin and other cryptocurrencies is an essential part of being a personal representative. […]
Juan Amaya-Castro, ‘Law and Social Traceability: Global Value Chains with a Human Face?’
ABSTRACT This paper proposes that contemporary efforts to govern Global Value Chains (GVCs), to reduce the various negative externalities that they generate, focus on the construction of a legal infrastructure that has traceability as its central function. Traceability refers to the ability to track the history, application, and location of a product or process throughout […]
Esser and Riley, ‘Corporate Liability Within Groups: Human Rights and Tort Law Perspectives’
ABSTRACT In this paper, we examine the regulatory issues that arise in protecting the interests of ‘outsiders’ from misbehaviour by corporate groups. We focus on two areas of substantive regulation, the application of human rights norms to groups, and subsequently the application of tort law (delict) in this context. In each section, we seek to […]
Maxen Williams, ‘Remedies and the Baumgartner Joint Endeavour Principle: Aspects of the Minimum Equity Rule’
ABSTRACT The doctrine in Baumgartner v Baumgartner – the joint endeavour principle – is now a firmly entrenched feature of Australian equity jurisprudence. However, substantial uncertainties remain as to its remedial operation. It is unclear when the principle can override other doctrines, such as resulting trusts and equitable estoppel, in providing a remedy. It is […]
Matthew Conaglen, ‘Proportionate Liability for Breach of Trust Under the Civil Liability Act: an Opiate on the Conscience of Trustees’
ABSTRACT This article considers the impact that part 4 of the Civil Liability Act 2002 (NSW) may have on the internal workings of the office of trusteeship. It is argued that where more than one trustee has been involved in an imprudent breach of trust that has caused loss, the claims are likely to be […]
Jack Zhou, ‘Terminating Fiduciary Obligations: Is There a Duty of Loyalty to Former Clients?’
ABSTRACT The law concerning judicial disqualification of lawyers acting against former clients currently depends on whether there is a risk of misuse of the former client’s confidential information. The House of Lords’ decision in Prince Jefri Bolkiah v KPMG held that fiduciary obligations do not survive the termination of the retainer. By contrast, in Spincode […]
Ivy Tengge Xu, ‘Contractual Interpretation of the Standard of Review in International Commercial Arbitrations’
ABSTRACT The judicial review of arbitral awards bears an intuitive similarity to the review of administrative decisions. Despite their reluctance, Canadian courts have long used administrative law concepts and statutory interpretation to determine the standard of review when an arbitral award is challenged in court. This paper considers a novel alternative: contractual interpretation of the […]
João Marinotti, ‘Defragging Ownership: Corporate Control and the Decline of Personal Property’
ABSTRACT Personal property ownership is in a precarious state, facing structural, economic, and legal attacks. The individual autonomy, security, and privacy traditionally protected through ownership have been displaced by reliance on corporate goodwill and opaque contractual arrangements. This is largely due to the fact owners no longer have the unfettered right to access, use, and […]
Martin Abel and others, ‘Are Women Blamed More for Giving Incorrect Financial Advice?’
ABSTRACT We conduct an incentivized experiment with a nationally representative sample to investigate gender discrimination among people receiving advice on risky investments. Participants learn about actual start-up firms they can invest in. Before deciding how much of their endowment to invest, they receive recommendations from either female or male professionals. We find that before outcomes […]