Monthly Archives: December, 2019

Frank Pasquale, ‘Data-Informed Duties in AI Development’

ABSTRACT Law should help direct – and not merely constrain – the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying […]

Garry Gabison, ‘Who Holds the Right to Exclude for Machine Work Products?’

ABSTRACT This article investigates whether the inventions and works created by Artificial Intelligence should be patent-able and copyright-able and if so, who should be assigned these rights. This article uses US case law and incentive economics to answer these questions. This article discusses who of the machine, its creators, owners, or operators should be assigned […]

Stephen Sugarman, ‘Justice Roger J Traynor, Pragmatism, and the Current California Supreme Court’

ABSTRACT California Supreme Court Justice Roger J Traynor entered the debated between pragmatists and formalists, siding with the former in both his scholarly writings and in his judicial opinions,especially in torts. In this article, I explore what I have identified as the leading torts decisions of the California Supreme Court involving personal injury or death […]

‘Legal Theory Lexicon: Primary and Secondary Rules’

“Most law students begin to notice that there is a fundamental difference between the kinds of legal rules that come up in torts and criminal law, on the one hand, and the sorts of legal rules that arise in contracts and in the structural part of constitutional law, on the other. The rules of criminal […]

Eliza Mik, ‘Smart Contracts: A Requiem’

ABSTRACT ‘Smart contracts’ are technologies that facilitate the generation and transfer of blockchain-based crypto-assets. The unfortunate labeling of these technologies as ‘contracts’ has spawned a plethora of legal theories, which are built on unsubstantiated technical claims, terminological misunderstandings as well as on a general disillusionment with traditional institutions. Concepts such as ‘validation’ or ‘self-enforcement’, both […]

Victor Goldberg, ‘Some Issues on the Law of Direct Damages (US and UK)’

ABSTRACT When a contract is breached both US and UK law provide that the non-breaching party should be made whole. I propose a general principle that should guide implementation – the contract is an asset and the problem is one of determining the change in value of that asset at the time of the breach. […]

‘Everybody was kung fu fighting: trade mark vs image rights – who will be the last one standing?’

“If it is true that the IP world is a constant battlefield, surely, the future holds some kung fu fights. The Bruce Lee Enterprises, in the person of Shannon Lee, Bruce Lee’s daughter and CEO of the Bruce Lee Family Companies, has sued the Real Kungfu fast-food chain for using Bruce Lee’s image without permission. […]

Alistair Macleod, ‘Promises and Promissory Obligations [or When Is There No Obligation to Keep a Promise?]’

INTRODUCTION … I want in this paper to challenge this view by showing that the relationship between promises and the obligations they generate is not a conceptual or definitional relationship. In contrast, there is a logical gap between the making of a promise and the incurring of a promissory obligation. This is partly because the […]

‘Case Law: Triplark Ltd v Northwood Hall, Trial of preliminary issues on meaning and opinion’

“On 19 December 2019, Warby J gave Judgment in the case of Triplark Limited v (1) Northwood Hall (Freehold) Limited (2) Philip Whale (3) David Wismayer [2019] EWHC 3494 (QB). He found that the words complained of made a number of factual allegations defamatory of the Claimant. Background: The Claimant, Triplark Limited, owns the freehold […]

Kharytonov and Kharytonova, ‘Human Rights, Civil Society, Private Law: Correlation Problems’

ABSTRACT The category of ‘human rights and freedoms’, the problems of protection and protection of such rights have repeatedly been the subject of research, but the question of their correlation with concepts such as ‘civil society’, ‘private law’ has not been studied yet. This circumstance determines the expediency of a special study of this issue. […]