Monthly Archives: May, 2021

Julie Cohen, ‘From Lex Informatica to the Control Revolution’

ABSTRACT Legal scholarship on the encounter between networked digital technologies and law has focused principally on how legal and policy processes should respond to new technological developments and has spent much less time considering what that encounter might signify for the shape of legal institutions themselves. This essay focuses on the latter question. Within fields […]

Andrew Gilden, ‘Endorsing After Death’

ABSTRACT An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and increasingly have been embraced by trademark and unfair competition laws. Entities […]

Michal Lavi, ‘Evil Nudges’

ABSTRACT The seminal book Nudge by Richard Thaler and Cass Sunstein demonstrates that policy makers can prod behavioral changes. A nudge is ‘any aspect of the choice architecture that alters people’s behavior in a predictable way without forbidding any options or significantly changing their economic incentives’. This type of strategy, and the notion of libertarian […]

Tiffany Li, ‘Post-Pandemic Privacy Law’

ABSTRACT COVID-19, the global pandemic that began in 2019, altered how we live our lives in just about every way imaginable. Some of those changes were obvious – for example, those who were fortunate enough to be able to work from home began working online – while other changes were more subtle. The latter category […]

Martin Ebers, ‘Liability for Artificial Intelligence and EU Consumer Law’

ABSTRACT The new Directives on Digital Contracts – the Digital Content and Services Directive (DCSD) 2019/770 and the Sale of Goods Directive (SGD) 2019/771 – are often seen as important steps in adapting European private law to the requirements of the digital economy. However, neither directive contains special rules for new technologies such as Artificial […]

David Rolph, ‘The Concept of Publication in Defamation Law’

ABSTRACT Publication is an element of the tort of defamation. Increasingly, internet technologies raise difficult issues of publication. Because mass media technologies did not present doctrinal problems about the concept of publication on a similar scale, internet technologies have exposed how poorly understood the basic principles of defamation law are. The principled application of defamation […]

‘Injunctions and Trusts’

“The title of ‘Injunctions and Trusts’ is broad. My plan is (i) to start with some history, (ii) then look at how the injunction jurisdiction can usefully be described today, (iii) then look at Proprietary Claims Constructive trusts and tracing, and (iv) then look at the meaning and effect of the example freezing order and […]

Dagan and Somech, ‘When Contract’s Basic Assumptions Fail’

INTRODUCTION Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, ‘the contract is voidable by the […]

Allan Beever, ‘Recognizing One More Wrong’

INTRODUCTION Recognizing Wrongs is the latest instalment from the leading civil recourse theorists John Goldberg and Benjamin Zipursky. It is a defence of the theory of tort law that they have developed, together and apart, for more than two decades. Unlike their earlier book on tort, this instalment does not focus on tort doctrine. Instead, […]

‘Known Unknowns: Legal Responses To Intractable Factual Uncertainties’

“In arguments relating to General Stanwix’s Case, heard in the English Court of Chancery in 1772, one lawyer posed the following question: ‘Do not facts, in their very nature, precede laws? Is it not to them the creation and necessity of laws are owing? … If laws, therefore, were made for facts, and not facts […]