Monthly Archives: January, 2024
Mihailis Diamantis, ‘Corporate Identity’
ABSTRACT Any effort to specify identity conditions for corporations faces significant challenges. Corporations are amorphous. Nature draws no hard lines defining where they start or stop, whether in space or time. Corporations are also frustratingly dynamic. They often change the most basic aspects of their composition by exchanging parts, splitting and merging, changing ownership, and […]
Gizem Alper, ‘Contract law revisited: Algorithmic pricing and the notion of contractual fairness’
ABSTRACT Contracts have been an essential part of our lives for centuries, and it is only natural that they would be affected by the inflation of technology surrounding us. With the big data revolution in the market, algorithmic pricing schemes have been introduced, which provides a price for a good and/or service according to the […]
Richard Epstein, ‘The Private Law Connections to Public Nuisance Law: Some Realism about Today’s Intellectual Nominalism’
I have long believed that Roman law texts supply sophisticated philosophical observations that have anticipated much of what has gone wrong in modern law. The quotation above from Gaius’s Institutes, on its face, concerns the question of how to define a particular kind of theft – what we would roughly call theft by those caught […]
Shu Li, Michael Faure and Katri Havu, ‘Liability Rules for AI-Related Harm: Law and Economics Lessons for a European Approach’
ABSTRACT The potential of artificial intelligence (AI) has grown exponentially in recent years, which not only generates value but also creates risks. AI systems are characterised by their complexity, opacity and autonomy in operation. Now and in the foreseeable future, AI systems will be operating in a manner that is not fully autonomous. This signifies […]
Paul Verbruggen, ‘Tort Liability of Private Safety Auditors in Global Value Chains’
ABSTRACT Private safety auditors are key constituents of modern risk governance in global value chains (GVCs). However, high-impact safety incidents causing extensive harm inside and outside the chain have cast widespread doubts as to the integrity and rigour with which these commercial auditors carry out their professional services. Civil liability has been considered an important […]
‘The Need for Employee-specific Data Protection Law: Potential Lessons from Germany for the EU’
It has long been recognised that personal data processing in the employment context has distinct challenges that require special regulatory treatment. As early as 1999, Spiros Simitis and Mark Freedland, writing independently, reached the same conclusion: that the omnibus rules of the now repealed Directive 95/46/EC were not fit for the particular requirements of the […]
Stuart-Smith, Otto and Wetzer, ‘Liability for Climate Change Impacts: the Role of Climate Attribution Science’
ABSTRACT Climate science has a central role to play in many cases related to climate change: Lliuya v RWE is an exemplar of this. As the demands on courts to resolve issues related to climate change grow, judges are asked to adjudicate claims that introduce climate science to demonstrate that defendants’ actions interfere with rights […]
Lital Helman, ‘Trade Secrets and Personal Secrets’
ABSTRACT This Article aims to examine the different ways in which the law protects commercial and private secrets. The most fundamental difference is that the trade secrets regime forbids the unauthorized use of a business’s confidential information, while privacy law does not forbid the unauthorized use of a person’s confidential information. If a firm takes […]
‘Employer Vicariously Liable for Employees’ Dangerous Data Breach’
In a recent British Columbia class action ruling, the Insurance Corporation of British Columbia (employer) was found vicariously liable for the actions of an employee who fraudulently accessed personal information maintained by ICBC. ICBC was ordered to pay damages to the members of a class action as a result of the privacy breach … (more) […]
Trevor Courtis, ‘One Rule, Less Golf: Clublink and the Rule Against Perpetuities’
ABSTRACT The article surveys the rule against perpetuities in Canada and its recent application by the Court of Appeal for Ontario in Ottawa (City) v ClubLink Corporation ULC. The application of the rule across Canada is a complex patchwork as the traditional common law rule has been modified or abolished by statute in many jurisdictions. […]