Monthly Archives: January, 2024
‘Free Riding as a Pro-Defendant Impulse’
Michael Grynberg, ‘Trademark Free Riders’, 39 Berkeley Technology Law Journal, (forthcoming, 2024), available on SSRN. American trademark scholars have almost uniformly decried the role of free riding in calibrating the scope of trademark rights. They have argued that the language of ‘reaping where you have not sown’ – to use the famous, but doctrinally discredited, […]
Symposium on ‘Practical Reason and Private Law’ (American Journal of Jurisprudence)
Practical Reason and Private Law: Some Sketches (John Finnis) Revising the Puzzle of Negligence: Transforming the Citizen towards Civic Maturity (Verónica Rodríguez-Blanco) Public-Private Drift and the Shattering Polity (Marc O DeGirolami) The Weakness of Relationality as a Unifying Concept in Tort (Timothy Borgerson) Specifying Interpersonal Responsibilities in Private Law: Property Perspectives (Rachael Walsh) Standing and […]
Symeon Symeonides, ‘Choice of Law in Torts Arising from Infringement of Personality Rights’
ABSTRACT This Article is a contribution to a conference held at the University of Paris-V on the localization of injuries in international or multistate torts, including those arising from cross-border infringements of personality rights, such as defamation or invasion of privacy. The Article necessarily takes for granted the European Union’s rules on jurisdiction and choice-of-law […]
Michelle Miao, ‘Debating the Right to Explanation: An Autonomy-Based Analytical Framework’
ABSTRACT A most controversial legal tool featured in Europe’s General Data Protection Regulation (‘GDPR’), the right to explanation (‘RTE’), has sparked broad public attention and heated academic debate. Despite controversies and scepticism about its conceptual clarity and practical enforceability, however, RTE is widely recognised as a promising regulatory instrument that could be utilised to redistribute […]
Ratul Das Chaudhury and Chongwoo Choe, ‘Digital Privacy: GDPR and Its Lessons for Australia’
ABSTRACT Australia’s Privacy Act 1988 is under review with a view to bringing Australia’s privacy laws into the digital era, more in line with the European Union’s General Data Protection Regulation (GDPR). This article discusses how the GDPR can be refined and standardized to be more effective in protecting privacy in the digital era while […]
Chris Reed, ‘Information Ownership in the Cloud’
ABSTRACT Uncertainty regarding ownership of information stored, created, processed, and distributed in cloud environments presents a potential obstacle to the development of the cloud market. This paper addresses these issues in the context of information flows between cloud providers and their customers. It distinguishes between content that is stored and processed by users, as compared […]
Scott Pryor, ‘Person-Centered Pluralism About Contract Theory’
ABSTRACT We are in the midst of a golden age of contract theory. Not because we have figured it out but because it is plentiful, and much of it is deeply considered. Contract law, on the other hand, remains relatively static in the United States. The stability of contract law is not matched by the […]
Jack Whiteley, ‘Perpetuities in an Unequal Age’
ABSTRACT For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the Rule against Perpetuities, and now dynasty trusts can make controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth […]
Anne Cheung, ‘From Data Subjects to Data Sovereigns: Addressing the Limits of Data Privacy in the Digital Era’
ABSTRACT Self-sovereignty is a curious, but crucial, concept. Sovereignty alone often signifies the assertion of control and jurisdiction by the state. The sovereign is the one who decides, holding the power of the captain of the ship in Plato’s metaphor. Compounded with data, the conception of data sovereignty opens up the digital information frontier for […]
Mark Leeming, ‘Justice Basten and the New Frontiers of Administrative Law: Crime, Tort and Contract’
ABSTRACT This appreciation of Justice Basten’s judicial and extra-judicial contribution to administrative law focuses upon three areas outside the mainstream: in crime, tort and contract. These areas of administrative law at the State level have seen considerable developments over the last two decades, coinciding with the intrusion of statute into areas traditionally regulated by common […]