Monthly Archives: July, 2021

Herbert Lazerow, ‘Uniform Interpretation of CISG’

ABSTRACT This UN Convention on Contracts for the International Sale of Goods (CISG) has been U.S. law for a generation and requires that it be interpreted ‘to promote uniformity in its application’. This article argues that uniform interpretation is impractical because 1) it is written in six official languages which do not always mean the […]

‘Profiting Off Infringement’

Kristelia Garcia, ‘Monetizing Infringement’, 54 University of California at Davis Law Review 265 (2020). It’s hard to imagine people tolerating intentional violations of their physical autonomy, never mind seeking to monetize such behaviors. But as Kristelia García argues in her new essay, ‘Monetizing Infringement’, many copyright owners find this strategy appealing. According to copyright’s standard […]

‘The First Postgraduate Law Conference of the Centre for Private International Law – University of Aberdeen’

“The Centre for Private International Law (CPIL) of the University of Aberdeen is pleased to host its first postgraduate conference, which is to be held on 17 November 2021. The Postgraduate Law Conference aims at bringing together early career scholars working in the private international law field or at the intersection of European Union law […]

Jordan, Narasimhan and Hong, ‘Deficiencies in the Disclosures of Privacy Policies’

ABSTRACT Development of a comprehensive legal privacy framework in the United States should be based on identification of the common deficiencies of privacy policies. We attempt to delineate deficiencies by critically analyzing the privacy policies of mobile apps, application suites, social networks, Internet Service Providers, and Internet-of-Things devices. Whereas many studies have examined readability of […]

Elizabeth Emens, ‘On Trust, Law, and Expecting the Worst’

ABSTRACT This Review examines the theme of trust in response to Jill Hasday’s Intimate Lies and the Law, which won the Scribes Award for the best work of legal scholarship published in 2019. I distinguish two forms of trust: affective and cognitive. Affective trust is emotional trust – a feeling of safety. Cognitive trust is […]

William Hirstein, ‘Neuroscience and Normativity: How Knowledge of the Brain Offers a Deeper Understanding of Moral and Legal Responsibility’

ABSTRACT Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and […]

‘A short note on the quantification of enrichment in HKR Middle East Architects Engineering LC v English

“In two previous posts (here and here), I have looked at issues arising out of McDonald J’s judgments in HKR Middle East Architects Engineering LC v English (No 1) [2019] IEHC 306 (10 May 2019); (No 2) [2021] IEHC 142 (3 March 2021); (No 3) [2021] IEHC 376 (31 May 2021). In HKR v English […]

Penzo and Selvadurai, ‘A hard fork in the road: developing an effective regulatory framework for public blockchains’

ABSTRACT Over the past decade, public blockchains have emerged as innovative, technology platforms capable of highly secure and sophisticated peer-to-peer online transmission of data between unknown parties. However, public blockchains challenge traditional regulatory models that assume centralised, single points of control facilitated via established intermediaries. In such a context, the present paper analyses the potential […]

Scott Jordan, ‘Aligning Legal Definitions of Personal Information with the Computer Science of Identifiability’

ABSTRACT The computer science literature on identification of people using personal information paints a wide spectrum, from aggregate information that doesn’t contain information about individual people, to information that itself identifies a person. However, privacy laws and regulations often distinguish between only two types, often called personally identifiable information and de-identified information. We show that […]

Frosio and Bulayenko, ‘Website blocking injunctions in flux: static, dynamic and live’

“In Europe, website blocking is a popular tool to contrast online copyright and intellectual property rights (IPRs) infringement. The InfoSoc Directive and the IPR Enforcement Directive (IPRED) make available blocking injunction as a remedy to protect IPRs throughout the EU, although these measures are not implemented and applied in a uniform manner among the Member […]