Author Archives: Steve Hedley

Ronan Condon, ‘Closing the sluice gates: UCC v ESB and the worrying narrowing duty of care analysis’

“In 1957, Robert Heuston measuring the post-war development of tort law remarked that the neighbour principle had been made to ‘bear a weight so manifestly greater than it could support’. The weight that Lord Atkin’s general duty of care has to bear, of course, is to define the basis and extent of the duty of […]

Ying Chieh Wu, ‘Uncovering Hidden Fiduciaries in South Korean Private Law’

ABSTRACT This article attempts to extend the list of fiduciary relationship by unlocking some of the hidden fiduciaries in other areas of South Korean private law. The reason for this is as follows. The exact label of ‘fiduciary relationship’ may not be widely used, but the underlying mechanisms can be found in many other legal […]

Hart and Zingales, ‘The New Corporate Governance’

ABSTRACT In the last few years, there has been a dramatic increase in shareholder engagement on environmental and social issues. In some cases shareholders are pushing companies to take actions that may reduce market value. It is hard to understand this behavior using the dominant corporate governance paradigm based on shareholder value maximization. We explain […]

Price, Gerke and Cohen, ‘Liability for Use of Artificial Intelligence in Medicine’

ABSTRACT While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability […]

Lukose and Mathur, ‘Sustainable Development through the Prism of Indigenous Knowledge: A Revisit to Intellectual Property Rights Issues during COVID Pandemic’

ABSTRACT Traditional notions of sustainable development have strong inter-generational considerations striving for sustainable utilization of resources. The sustainable development and intellectual property rights though traditionally have different areas of operation but the nexus between the two in contemporary world is extremely interesting to study. The existence of rich biodiversity on this earth is the greatest […]

Patrick Lin, ‘Fair’s Fair: How Public Benefit Considerations in the Fair Use Doctrine Can Patch Bias in Artificial Intelligence Systems’

ABSTRACT The impact of artificial intelligence (AI) expands relentlessly despite well-documented examples of bias in AI systems, from facial recognition failing to differentiate between darker-skinned faces to hiring tools discriminating against female candidates. These biases can be introduced to AI systems in a variety of ways; however, a major source of bias is found in […]

Dante Pavan, ‘Tigers and Bears: Mechanism Design in Corporate Governance’

ABSTRACT Mechanism Design Theory as a subset of Law and Economics study has great potential in Corporate Governance. The application of this outcome-oriented system in business organizations lies in the firm acting as a mechanism itself, utilizing smaller mechanisms to reach the predetermined optimal outcome. Although it may seem daunting to incorporate a new line […]

Giovanni Comandè and Giulia Schneider, ‘Differential Data Protection Regimes in Data-Driven Research: Why the GDPR is More Research-Friendly Than You Think’

ABSTRACT Against the backdrop of an evolving landscape describing data driven research, this article discusses the role of data protection laws in shaping a free flow of research data. In particular, the analysis inquires whether European data protection law hampers or encourages data-driven research. The analysis critically challenges the shared belief that the more severe […]

Annual Conference on the Intersection of Corporate Law and Technology: online, 27 June 2022

The conference aims to provide a global platform for experts in the field to present and discuss their research and also to foster a networking and knowledge exchange mechanism amongst academics, students, practitioners and businesses globally. Papers will explore a wide range of key issues that arise out of the interaction of Corporate law with […]

‘Discovery in State Courts’

Diego A Zambrano, ‘Missing Discovery in Lawyerless Courts’, 122 Columbia Law Review (forthcoming 2022), Jan 5, 2022 draft available at SSRN. Because 98% of civil litigation occurs in state court, we procedure scholars can be criticized for our myopic focus on procedures in federal courts. An emerging body of scholarship is adjusting that perspective by […]