Monthly Archives: October, 2021

‘Towards a New Legal Framework for AI: An Australian Perspective’: Jeannie Marie Paterson, Zoom, 3 November 2021

Australia’s legal response to the challenges of artificial intelligence (AI) currently rests on three key elements: ‘soft law’ codes of AI ethics, data privacy legislation (currently undergoing reform including to promote greater data protection, potentially modelled on the GDPR), and reliance on general ‘principles-based’ legislation, with its built in flexibility for adapting to new scenarios. […]

David Tan, ‘Objective Intentionalism and Disagreement’

ABSTRACT Intentionalist theories of legal interpretation are often divided between objectivist and subjectivist variants. The former take an interpretation to be correct depending on what the reasonable/rational lawmaker intended or what the reasonable/rational audience thinks they intended. The latter take an interpretation to be correct where the interpretation is what the speaker actually intended. This […]

David Freeman Engstrom, ‘Digital Civil Procedure’

ABSTRACT This Essay, written for a festschrift celebrating the career and contributions of Steve Burbank, grapples with the procedural implications of the steady advance of digital legal technologies, or ‘legal tech’, within the civil justice system. From AI-fired tools that perform e-discovery and predict case outcomes to the migration from in-person to ‘virtual’ proceedings accelerated […]

Mitchell and Rostill, ‘Making Sense of Mesne Profits: Remedies’

ABSTRACT This is the second of two articles about cases in which awards of ‘mesne profits’ have been made against defendants who have occupied claimants’ land. The first article argues that the facts of cases where such awards have been made variously support claims in tort, contract or unjust enrichment and that practical consequences can […]

The Legal Recognition of Non-Conjugal Families in the US, Canada and Europe, by Nausica Palazzo’

“Families eschewing the paradigm of the traditional marital family are on the rise. These include families which lack a sexual component (so-called non-conjugal couples) or who comprise more than two sexual partners (multiparty relationships such as polyamorous or polygamous ones). Despite significant empirical and normative developments affecting the ways in which we do family in […]

‘Which law governs disputes involving corporations?’

“When it comes to the question of the applicable law that governs disputes involving corporations: one must make a sharp distinction between two principal matters: (1) matters relating to external interactions of corporation (such as disputes between a corporation and other external actors, such as other business entities or individuals); and (2) matters relating to […]

‘The unbearable lightness of trade secrets and public tenders’

“Trade secrets and disclosure would seem to be clearly demarcated opposites, but the reality is that the relationship between them is often more nuanced. In this case, the nuance is expressed in the context of the balance between the ‘right of information’ of the participants to a public tender and the possible presence of ‘trade […]

Purvi Nema, ‘Understanding copyright issues entailing deepfakes in India’

ABSTRACT With increase in the scope, scale and sophistication of digitisation, the line between fake and real is blurred. In the recent years, digital disinformation in the form of fake news or morphed pictures/videos has become a new normal on internet. Adding to this list are the artificial intelligence generated-Deepfakes. The wide use of deepfakes […]

Liddell, Simon and Lucassen, ‘Patient Data Ownership: Who Owns Your Health?’

ABSTRACT This article answers two questions from the perspective of United Kingdom law and policy: (i) is health information property? and (ii) should it be? We argue that special features of health information make it unsuitable for conferral of property rights without an extensive system of data-specific rules, like those that govern intellectual property. Additionally, […]

Mali and Prakash G, ‘Death in The Era of Perpetual Digital Afterlife: Digital Assets, Posthumous Legacy, Ownership and its Legal Implications’

ABSTRACT Man dies, but his online assets survive and, often, intestate. These digital assets by themselves may not have too much significance, but the data they hold is invaluable to the legal heirs, often mired in secrecy; man lives a secret life, and these online digital assets are privy to the same. The enormous digital […]