Monthly Archives: January, 2021

Sykes, Dickson, Ewart, Foulkes and Landry, ‘Civil Revolution: User Experiences with British Columbia’s Online Court’

ABSTRACT British Columbia’s new Civil Resolution Tribunal (CRT) is a primarily online dispute resolution system that has attracted international attention for its innovative approach. But so far there has been little independent research on the effectiveness of the CRT and similar online dispute resolution initiatives in providing access to justice. In a qualitative and exploratory […]

Gregory Voss, ‘The CCPA and the GDPR Are Not the Same: Why You Should Understand Both’

ABSTRACT This article gives a comparative view of two main pieces of data privacy legislation from, respectively, California and the EU: the CCPA and the GDPR. While there are similarities between the two, there are differences, as well, providing challenges for compliance. For example, both instruments have extraterritorial effect, however only the GDPR is truly […]

‘Germany’s Federal Court of Justice gives weight to celebrity consent to media image use’

“Shakespeare’s aphorism that all that glisters is not gold might well be borne in mind by fans and followers of celebrities. In two judgments issued on 21 January 2021 (as yet only available as press release summaries), Germany’s Bundesgerichtshof – or Federal Court of Justice – affirmed the personality and image rights of two celebrity […]

‘Legal Theory Lexicon: Common Law’

“Law students encounter the notion of ‘common law’ very early in their legal education, frequently in an orientation program or on the first day of classes. The standard law school curriculum includes courses in contracts, property, and torts, which are ‘common law’ subjects. And the reading of common law cases as presented in casebooks is […]

Blycha and Garside, ‘Smart Legal Contracts: A Model for the Integration of Machine Capabilities Into Contracts’

ABSTRACT We set out a Smart Legal Contract (SLC) Model to facilitate the integration of computer code and natural language into a technically functional and legally enforceable contract. We propose a formal definition of an SLC for the purposes of scoping this Model, and within the SLC Model identify key foundational attributes that require a […]

Michael Conklin, ‘Rage Against the Voting Machine: Dominion’s Defamation Lawsuit Against Sidney Powell’

ABSTRACT On January 8, 2021, Dominion Voting Systems, Inc, filed a defamation lawsuit against Sidney Powell. The 124-page complaint – drafted by the law firm of noted libel attorney Tom Clare – is the result of Powell’s claims that Dominion rigged the 2020 presidential election. This Article examines the relevant issues of false statement of […]

Vera Lúcia Raposo and Ma Zhe, ‘The juridical status of the unborn: a person, an object or a tertium genus?’

ABSTRACT Legal scholars are currently debating many complex issues regarding the juridical status of unborn human beings (ie, embryos and fetus): When does human life starts? Are the concepts of ‘human being’ and ‘person’ synonyms? Does the unborn have rights? Some of these questions, namely the biological beginning of human life, are not to be […]

Wes Henricksen, ‘Fraud Law and Misinfodemics’

ABSTRACT During the COVID-19 pandemic, many on whom the public depends for truthful information purposefully or recklessly spread misinformation that put thousands at risk. The term ‘misinfodemic’, coined in 2019, describes such events, where misinformation facilitates the spread of a disease or causes some other health-related outcome. Though the term was only recently defined, the […]

Rapoport and Tiano, ‘Using Data Analytics to Predict an Individual Lawyer’s Legal Malpractice Risk Profile (Becoming an LPL “Precog”)’

ABSTRACT The power of data analytics is revolutionizing the way that business is conducted in nearly every industry. The medical industry, the consumer/retail space, and the banking and financial industries are taking their business operations to the next level by leveraging the power of big data. Despite radical transformations in nearly every other aspect of […]

Sean O’Reilly, ‘Capturing Profit from Disaster: The Assets Company Ltd and the Afterlife of the City of Glasgow Bank’

ABSTRACT The City of Glasgow Bank’s collapse in 1878 was the largest bank failure of its time. The causes of the crash and its impact on joint-stock banking and the Scottish and British economy have been well-studied, but how its liquidation was concluded remains under-explored. At the same time, the legal and commercial milieu of […]