Monthly Archives: January, 2020

Engel and Rahal, ‘Justice is in the Eyes of the Beholder – Eye Tracking Evidence on Balancing Normative Concerns in Torts Cases’

ABSTRACT Frequently deciding legal cases requires an assessment in multiple, conceptually incompatible dimensions. Often one normative concern would call for one decision, and another normative concern for a different decision. The decision-maker must engage in balancing, with no help from overarching normative theory. A typical situation is torts. The decision must regularly balance concerns on […]

Erickson, Kretschmer and Mendis, ‘An Empirical Approach to the Public Domain’

ABSTRACT In this chapter, we consider the location of the boundary between creative expressions protected by copyright and those in the public domain. Contrary to some legal theory, we adopt a user-centric definition of the public domain focused on the behaviours permitted to the end user. Our definition includes four categories of public domain works: […]

‘Property Voices in the shadow of Grenfell’: Susan Bright, University of Liverpool, 11 February 2020, 6-7pm

Since the terrible tragedy of the Grenfell Tower fire in which 72 people died on 14th June 2017 it has emerged that thousands of other residential buildings also fail to meet fire safety requirements. Property law is letting down those living in these blocks. They want their homes made safe to live in, but have […]

‘Borghetti and Whittaker: French Civil Liability in Comparative Perspective’

“Jean-Sébastien Borghetti and Simon Whittaker have published French Civil Liability in Comparative Perspective with Hart Publishing. The blurb provides: ‘The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts […]

Becher and Benoliel, ‘Sneak in Contracts: An Empirical Perspective’

ABSTRACT Consumer contracts are a pervasive legal tool that governs much of our daily activities. In spite of – or perhaps due to – their ubiquity, consumer contracts are routinely modified by businesses after being accepted by consumers. Common modifications include, for example, a change in fees, alteration of a dispute resolution clause, or a […]

Andrew Selbst, ‘Negligence and AI’s Human Users’

ABSTRACT Negligence law is often asked to adapt to new technologies. So it is with artificial intelligence (AI). But AI is different. Drawing on examples in medicine, financial advice, data security, and driving in semi-autonomous vehicles, this Article argues that AI poses serious challenges for negligence law. By inserting a layer of inscrutable, unintuitive, and […]

‘Kristelia García on Copyright Infringement’

“In this episode, Kristelia García, Associate Professor of Law at Colorado Law, discusses her draft article ‘Encouraging Infringement’. García begins by describing the conventional account of when and why copyright owners object to infringement. She observes that not all copyright owners object, and some copyright owners actually encourage infringement, at least in certain contexts. For […]

‘Defamation Act 2013: A summary and overview six years on, Part 1, Sections 1 to 3’

“The Defamation Act 2013 (‘the Act’) came into force on 1 January 2014. At the time, we published an article considering the individual provisions of the Act, and speculating about how the law of defamation had been changed. In this follow-up article, we revisit the topic six years after the Act’s inception and look at […]

David Simon, ‘Trademark Law and Consumer Safety’

ABSTRACT Trademark law protects consumers and mark owners against economic harm. When consumers are confused about the source of a good or service, this increases consumer search costs or imposes reputational costs on trademark owners. But what happens when a pharmacist, confused by two similar drug names, accidentally prescribes estrogen instead of an antidepressant? Trademark […]

Lilach Lurie, ‘Should Age Discrimination Be an Integral Part of Employment Discrimination Law?’

ABSTRACT This Article argues that a universal approach to age discrimination promotes justice (including intergenerational justice) and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter […]