Monthly Archives: January, 2024
Schantl and Wagenhofer, ‘Economic Effects of Litigation Risk on Corporate Disclosure and Innovation’
ABSTRACT Empirical studies on the relationship between shareholder litigation and corporate disclosure obtain mixed results. We develop an economic model to capture the endogeneity between disclosure and litigation. Equilibrium disclosure is determined by two countervailing effects of litigation, a deterrence effect and an insurance effect. We derive four key results. (i) Decreasing litigation risk leads […]
‘Creating a slice of Legal History in the East End of London in the 19th Century’
An important slice of legal history was created, courtesy of a practical-joke-gone-wrong in the Albion Pub on 9 April 1896. The pub was built in 1881, and Thomas Wilkinson became publican in 1895, a year before the incident occurred. The pub was located at 25 St Paul’s Road (now called St Paul’s Way), in Bow […]
‘What can you do when a child’s private information has been misused?’
Everyone has a reasonable expectation of privacy concerning their private information, whether they are an adult or a child. However, there are certain cases when a child has a reasonable expectation of privacy where an adult does not. Whilst not as widely reported as other privacy claims, children do bring claims for misuse of private […]
Abbott and Rothman, ‘Disrupting Creativity: Copyright Law in the Age of Generative Artificial Intelligence’
ABSTRACT Over the last few years, due largely to breakthroughs in deep learning technologies, artificial intelligence (AI) has begun to step into the shoes of human content generators and make valuable creative works at scale. Before the end of the decade, a significant amount of art, literature, music, software, and web content will likely be […]
Waldman, ‘Privacy’s Rights Trap’
ABSTRACT A growing chorus of scholars, privacy professionals, and policymakers think that individual rights of control – rights to access, correct, and delete data, as well as rights to opt out of tracking and to humans in the loop of automated decision-making – are effective means of regulating the data-extractive economy. Indeed, the argument for […]
Svantesson and Symeonides, ‘Cross-border internet defamation conflicts and what to do about them: Two proposals’
ABSTRACT Conflicts of laws in cross-border defamation cases are politically and culturally sensitive and their resolution has always been difficult. But the ubiquity of the internet has increased their frequency, complexity, and intensity. Faced with the realities of the online environment – including the virtual disappearance of national borders – several countries have acted unilaterally […]
Bloom, ‘The Future of Injury (Tort Law In the Wake of the Pandemic)’
INTRODUCTION This Article explores whether the era of Covid, and all that has come with it, ushers in a break with conventional understandings of legal injury. I will argue that it does or, at least, that I hope it does. My starting place is with the failure of conventional understandings of legal injury to adequately […]
Waye and Duffy, ‘The Fate of Class Action Common Fund Orders: The Policy, Procedural and Constitutional Issues of a Legislative Revival’
ABSTRACT Common Fund Orders (‘CFOs’) have had a significant effect on Australian third-party-funded class actions by requiring all class members to make a contribution to the third-party litigation funder’s fee in the event of a successful outcome. This altered past practice whereby only class members who had contracted with the litigation funder would be liable […]
Grimmelmann and Zhang, ‘An Economic Model Of Online Intermediary Liability’
ABSTRACT Scholars have debated the costs and benefits of internet intermediary liability for decades. Many of their arguments rest on informal economic arguments about the effects of imposing different liability rules on online platforms. Some scholars argue that broad immunity is necessary to prevent overmoderation; others argue that liability is necessary to prevent undermoderation. These […]
Keating, ‘Form and Function in Tort Theory’
ABSTRACT Contemporary tort theory is a contest between instrumentalism and formalism. The prominence of instrumentalism is no surprise. American tort theory was born in the work of Oliver Wendell Holmes and his views were resolutely, if elusively, instrumentalist. Until very recently, economic views have dominated contemporary discussions of tort law in the American Legal Academy, […]