Monthly Archives: December, 2024
Lorena Maria Arismendy Mengual, ‘Liability for Wrongful Behaviour in the Metaverse’
ABSTRACT Although the Metaverse presents various types of potential legal issues such as cybersecurity problems, jurisdictional conundrums, an obscure characterization of digital property, personal data protection, etc, this paper specifically focuses on those issues arising from avatar misconduct in online virtual worlds. It is argued that harm suffered by a person may be caused by […]
Sebastian Lewis, ‘Grounding Equitable Powers’
ABSTRACT Equity has traditionally been understood as a judicial corrective to the generality of statutory law caused by the limited foresight of legislatures. Because of the ad hoc and corrective character of equity, many scholars have seen a tension between the morality of equity and the positivity of law. Equity, John Gardner once suggested, is […]
Marie Petersmann, ‘Entangled Harms: A Reparative Approach to Climate Justice’
ABSTRACT Transnational climate litigation has become a strategic tool to press state and nonstate actors into action. An analysis of international and domestic cases shows how rights and obligations are being materially, subjectively, spatially and temporally stretched in judicial proceedings. This article focuses on three distinct grammars of climate justice activated in climate litigation. The […]
Gordon Hull, ‘The Death of the Data Subject’
ABSTRACT This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive […]
Giulia Gentile, ‘The (In)Effectiveness of EU Data Protection: A Rejoinder’
ABSTRACT The emergence of a highly privatised digital environment driven by data has triggered a regulatory response in the EU built on public law tools, such as fundamental rights. The EU fundamental right to data protection has had a central role in scrutinising the conducts of tech companies in the EU and beyond. The application […]
Christopher Ryan, ‘Class Action Cy Près Revisited’
ABSTRACT This symposium article revisits the use of the cy-près doctrine in class action litigation, exploring its historical origins, modern application, and economic implications. It traces cy près from its charitable trust roots to its controversial adoption in class action settlements as a solution for unclaimed award funds. The article highlights how cy-près distributions often […]
Sergio Mittlaender, ‘The Experimental Method in the Study of Contract Law’
ABSTRACT This chapter presents the experimental method and its application to contract law and contract law & economics. With its roots in psychology and its expansion in economics, experiments evolved to identify causal relationships in highly controlled environments, but they are also capable of providing empirical evidence on people’s perceptions, opinions, and reactions when confronted […]
Seth Katsuya Endo, ‘Targeting Third-Party Litigation Funding Reform’
ABSTRACT A billionaire spends $10 million to finance lawsuits that ultimately bankrupt a media company after it published personal details about him. Two major philanthropic organizations financially back litigation efforts to defend tobacco-control laws against lawsuits brought by the industry. A pastor forms a nonprofit that raises millions to tear down gun laws through aggressive […]
Gleckel and Nisbet, ‘Free Speech Versus Property: When Deception Can (And Can’t) Give Rise to Trespass’
ABSTRACT If a person intentionally enters private property without consent, this entry amounts to the world’s most basic tort: trespass. If the person has the landowner’s consent to enter, there is no trespass. Simple enough. But what if the person obtains consent through deception? Does the deception vitiate consent, turning the entry into a trespass? […]
Lindsey, Doyle and Wazynska-Finck, ‘Securing therapeutic justice through mediation: the challenge of medical treatment disputes’
ABSTRACT This paper explores the use of mediation in medical treatment disputes through the lens of therapeutic justice (TJ), a concept developed in the 1990s to consider the therapeutic and anti-therapeutic effects of justice systems. The paper argues that mediation may be a mechanism for achieving therapeutic effects for people involved in medical treatment disputes. […]