Monthly Archives: January, 2024
Lord Briggs, ‘Liability For Mental Injury’
For some time now, your excellent Law School has been asking me to speak to you about liability in the tort of negligence for the careless causing of mental injury. I am asked to focus upon a particular and contentious aspect of this form of liability, which arises when a person (let’s call them D) […]
‘Important UK Copyright Case on “Originality” Standard’
A recent decision by the Court of Appeal in London, handed down in November 2023, has triggered a stream of comment and debate among scholars and art historians. The case of THJ v Sheridan does not, at first glance, appear to have much at all to do with the arts sector, involving, as it did, […]
Wriggins, ‘The Color of Property and Auto Insurance: Time for Change’
ABSTRACT Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. This time period presents a crucial opportunity both for examining insurance as it relates to race and racism, including history and current regulation, and for actual, overdue […]
Senftleben, ‘Study on EU copyright and related rights and access to and reuse of data’
ABSTRACT EU legislation in the field of copyright, related rights and sui generis database rights can have a deep impact on access to data resources for scientific research and the availability of data resulting from publicly funded research. To establish a copyright and related rights framework that offers appropriate data access and reuse opportunities for […]
Forrest, ‘Understanding Loss of (Right To) Use Damages: Defining Fair and Reasonable Compensation for Loss of Use in Light of Historical Origins and Practical Considerations’
ABSTRACT Loss of use is fundamentally about the denial of property rights regardless of its intended use. Property ownership vests the owner with certain intrinsic rights, including the right to use or not use. When they are deprived of that choice through the tortious conduct of another, that deprivation is compensable. This Article reviews the […]
Dagan and Dorfman, ‘Private Law and The Embedded Person’
ABSTRACT Private law, we argue, is the law governing our horizontal, personal interactions in a variety of social settings; it is, in short, the law of the embedded person. To refine this understanding, we contrast it with three competing views, which identify ‘private’ with, respectively, the ‘dissociated person’, the ‘executive agent’, and the ‘civic person’. […]
Paul, ‘On Firms’
ABSTRACT This paper is about firms as an instance of economic coordination, and about how we think about them in relation to other forms of coordination as well as in relation to competition and markets. The dominant frame for thinking about firms – which has strongly influenced contemporary competition law as well as serving as […]
Duan and Morten, ‘Patient Access to Health Device Data: Toward a Legal Framework’
ABSTRACT The connected at-home healthcare device industry is booming. Wearable health trackers alone constituted a $21 billion market in 2020, anticipated to grow to $195 billion by 2027. At-home devices now purportedly make it possible to diagnose and monitor health conditions such as sleep apnea, diabetes, and fertility automatically, immediately, and discreetly. By design, these […]
Dowdeswell and Goltz, ‘NFTs and the enclosure of the digital realm’
ABSTRACT This paper will first describe some of the unique features of blockchain technology and ‘smart contracts’ used in NFTs. Next, we discuss four ways in which the economic and social potential of NFTs can be derailed, leading to ‘digital enclosures’ whereby large institutional copyright holders reap most of these benefits for themselves through illegitimate […]
Ishani, ‘Human Rights Violation and the Piercing of Corporate Veil’
ABSTRACT The notion of lifting the corporate veil might be interpreted as the company’s affiliation with its members. To put it another way, removing the corporate veil is a legal choice to treat a company’s rights and obligations as if they were the rights and liabilities of its shareholders. There are exceptions, but they are […]