Monthly Archives: February, 2025
Saw and Lim, ‘The Case For AI Authorship In Copyright Law’
ABSTRACT Today, with generative AI, literary and artistic works can be created almost effortlessly. There is at present intense debate as to whether works generated by AI – broadly categorised as ‘AI-assisted’ and ‘AI-generated’ works – ought to attract copyright protection. AI-assisted works are those that involve some degree of human intervention. Where AI-generated works […]
Vladimir Apraxine, ‘EU Copyright Law as a Catalyst of Change: Empowering Artists and Fostering Human Creativity Amidst the rise of Generative Artificial Intelligence’
ABSTRACT Generative Artificial Intelligence (GenAI) has emerged as one of the most transformative and disrupting technologies ever seen. It is capable of autonomously producing very realistic, unique and aesthetic outputs. While this innovation offers clear benefits and opportunities, human creativity and artistic professions, although providing fundamental avenues of communication and social change, are endangered by […]
Paul Wragg, ‘SLAPPs in England and Wales: The Issues and the Evidence’
ABSTRACT In light of the UK government’s renewed commitment to introduce further measures concerning SLAPPs, this paper identifies significant definitional and evidential issues that remain undiagnosed and under-explored in anti-SLAPPs lobbying successes to date by which prospective legislative change has been heavily influenced. It argues for a moratorium on further legislative change unless and until […]
Russell Powell, ‘Fallout and Fiduciary Duty’
ABSTRACT The tremendous economic success of the corporate form in the United States of America has been attributed to factors including limited liability, legal personhood, transferability of ownership, continuous existence, access to capital, and the mechanisms of fiduciary duties. All of these are valorized and/or critiqued in a long legacy of corporate legal scholarship. The […]
Monica Taylor, ‘Preparing the access to justice sector for climate change: insights from Australian lawyers’
ABSTRACT Despite climate change increasing, there is little evidence about the preparedness of access to justice agencies to anticipate and respond to climate change impacts. This article reports on the findings of a qualitative mixed methods study into lawyers’ perceptions about how equipped the Australian legal assistance sector is to respond to climate change when […]
Hans Tjio, ‘The Interaction of Private Law and Financial Regulation’
ABSTRACT This paper will take as a starting point the recent warning by Lord Leggatt in Philipp v Barclays Bank [2023] that private law should not overreach into areas of regulation. He thought that it is not the role of private law or the courts to provide a ‘fair balance’ but one for legislators and […]
Brandts-Giesen and Boock, ‘The disclosure of information about trusts: The common law and how it has evolved and been modified by legislation in various countries’
ABSTRACT The disclosure of trust information to beneficiaries is a contentious topic. The issue of whether and what information about a trust is disclosed to beneficiaries has vexed trustees and judges for decades. The common law has evolved over centuries. Lawmakers in some jurisdictions have prescribed their own rules. This article examines the conflicting duties […]
David Wilde, ‘Property not required for its trust purpose – and the concept of “general charitable intent”’
ABSTRACT This article compares the treatment of various types of trust where the settlor stipulates that trust property is to be used to pursue a particular purpose, but that purpose proves abortive, leaving the relevant property not now needed for the purpose and not otherwise disposed of. It argues that charitable trusts, and in particular […]
Michael Carroll, ‘Why the Supreme Court Rejected the Prospect Theory of Copyright Scope’
ABSTRACT In Google LLC v Oracle America, Inc (‘Google v Oracle’), and again in Andy Warhol Foundation for the Visual Arts, Inc v Goldsmith (‘Warhol’), the parties and various amici presented the Court with a variety of arguments about the relationship between a copyright owner’s right to make derivative works from a protected work and […]
Helland and Givati, ‘Mass Tort Advertising and Multidistrict Litigation Filings’
ABSTRACT Mass tort multidistrict litigation (MDL) cases have gradually become a dominant component of the US federal civil caseload. At the same time, plaintiffs’ lawyers who specialize in mass tort MDLs have spent millions of dollars on TV advertisements seeking clients. What is the effect of mass tort TV advertisements on MDL filings? We use […]