Monthly Archives: January, 2024
Miriam Marcowitz-Bitton and Dan Bombach, ‘Fair Use as a Market Facilitator’
ABSTRACT The Digital Age has enabled individuals worldwide to store, organize, and share everything from cherished memories embodied in photographs and videos to academic writing and correspondence. Yet, archived collections of academic, public, and private libraries are out of reach to many, and many books are now beyond reach because they are no longer in […]
Karlson Preuß, ‘“Legal Formalism” and Western legal thought’
ABSTRACT According to long-established narratives, legal thinking in Germany, France and the USA was shaped by formalist legal cultures for the most part of the nineteenth century until the respective legal sciences embraced their social responsibility in the early twentieth century. Recently, legal historians have begun to question these narratives. In separate analyses, they have […]
Zahra Takhshid, ‘Data as Likeness’
ABSTRACT Artificial Intelligence (‘AI’) and data collection practices pose an ongoing threat to consumers’ privacy. But plaintiffs have struggled to articulate privacy harms associated with data collection in a way that would give them standing to sue. This is particularly a pressing issue given the advances in generative AI and the unauthorize uses of individual’s […]
Anke Moerland, ‘Artificial Intelligence and Intellectual Property Law’
ABSTRACT Artificial intelligence (AI) affects the current system of intellectual property (IP) rights. AI tools are not only used to facilitate the search, examination, administration and enforcement of IP rights; more importantly, AI tools and the works generated by them can be protected by copyright or patents. Such protection can incentivise their further development, but […]
‘An Interest In What We Have Coming To Us’
Larissa Katz, ‘Equitable Remedies: Protecting “What We Have Coming to Us”’, 96 Notre Dame Law Review 1115 (2021). Many philosophers of the private law could profit from a close read of a new article by Professor Larissa Katz entitled ‘Equitable Remedies: Protecting “What We Have Coming to Us”’. The article draws a distinction between ‘what […]
‘Navigating Unjust Enrichment Claims in Florida’
A sometimes-overlooked factor in unjust enrichment claims is that the claimant must directly confer a benefit on the defendant – not indirectly, not effectively, not practically, but directly. The Florida Supreme Court made this clear in Kopel v Kopel, 229 So 3d 812, 818 (Fla 2017), holding that ‘to prevail on an unjust enrichment claim, […]
‘IP as a political instrument in Russia’
In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. The common denominator is the use of changes to the IP law as a political instrument towards states taking […]
Olha Cherednychenko, ‘Pathways to Interpersonal Justice in European Private Law: Top-down or Bottom-up?’
ABSTRACT Katharina Pistor’s recent work has revealed a deep justice deficit in private law, raising fundamental questions about how it could be reduced. While Pistor favours piecemeal bottom-up solutions to instances of injustice, Martijn Hesselink proposes a more radical top-down strategy – the adoption of a progressive European code of private law. This article explores […]
Anna Kovács, Katharina Luckner and Anna Sekuła, ‘Beyond Courts: Legal Cueing Effects of Strategic Litigation’
ABSTRACT In the last decade, the number of strategic climate change litigation (SCCL) cases has exponentially increased. Despite this trend, the question whether SCCL as an advocacy tool can really influence public opinion using the law and the judicial system has yet to be examined empirically. This paper proposes the concept of legal cueing as […]
John Coyle, ‘Temporal Choice-of-Law Clauses’
ABSTRACT When a choice-of-law clause selects the ‘laws’ of a particular jurisdiction, it is not always clear whether it operates to select those laws (1) as they existed at the time the contract was signed, or (2) as they exist at the time of the litigation. When the choice-of-law clause is silent on this issue […]