Monthly Archives: January, 2024
Brauneis and Schechter, ‘Fall 2022 Supplement to Copyright: A Contemporary Approach’
ABSTRACT This Fall 2022 Supplement is the product of our effort to capture important developments in copyright law since the publication of the second edition of Copyright: A Contemporary Approach. It includes three new principal cases. The first two are Supreme Court decisions: the 2021 fair use decision in Google LLC v Oracle America, Inc […]
‘Fiduciaries and the power of investment: when is an ethical investment not an investment?’
INTRODUCTION The universe of socially responsible or ‘ethical’ investments has been expanding exponentially in recent years. It has long been the case that the exercise of the power of investment permitted something more than simply maximising investment returns, with possible financial rewards having to be balanced against an appropriate appetite for financial risk. The concept […]
Stubbs and Witt, ‘Tort Law’s New Quarantinism: Race and Coercion in the Age of a Novel Coronavirus’
INTRODUCTION In the history of the law of epidemics, there have been two traditions in European and North American legal systems. The first, and in some respects the oldest, has been quarantine. The second has been sanitation. Quarantinist policies first took their modern form in eastern Europe when cholera made its way from east to […]
Jing, ‘“Beneficiaries” under the Chinese Charitable Trust’
ABSTRACT This article examines the role of objects in the Chinese charitable trust. At common law, charitable trusts are purpose trusts and therefore they do not have beneficiaries is already very much the orthodox view. In contrast, the terms ‘beneficiary’ and ‘beneficiaries’ are widely used in legislative texts concerning the Chinese charitable trust. However, the […]
Beltrán, ‘Personal data on sale’
ABSTRACT Having reached an unprecedented degree of connectivity, we have become the target of countless organizations that aim to gain access to information about ourselves on many fronts, types, and circumstances of our lives. Like it or not, our personal communications devices are the source of data transmitted and shared with actors that find value […]
Costello, ‘The Impacts of AdTech on Privacy Rights and the Rule of Law’
ABSTRACT This article argues that the AdTech market has undermined the fundamental right to privacy in the European Union and that current legislative and fundamental rights protections in the EU have been unsuccessful in restraining these privacy harms. The article further argues that these privacy consequences have imported additional reductions in individual autonomy and have […]
Phil Corkum, ‘Is “cause” ambiguous?’
ABSTRACT Causal pluralists hold that that there is not just one determinate kind of causation. Some causal pluralists hold that ‘cause’ is ambiguous among these different kinds. For example, Hall argues that ‘cause’ is ambiguous between two causal relations, which he labels dependence and production. The view that ‘cause’ is ambiguous, however, wrongly predicts zeugmatic […]
Breakey, ‘When normal is normative: The ethical significance of conforming to reasonable expectations’
ABSTRACT People give surprising weight to others’ expectations about their behaviour. I argue the practice of conforming to others’ expectations is ethically well-grounded. A special class of ‘reasonable expectations’ can create prima facie obligations even in cases where the expectations arise from contingent pre-existing practices, and the duty-bearer has not created them, or directly benefited […]
Costello, ‘Schrems II: Everything Is Illuminated?’
ABSTRACT The decision in Schrems II delivered by the Court of Justice in July 2020 (judgment of 16 July 2020, case C-311/18, Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems) was, in many ways, foreseeable given the scheme and recent history of the Union’s privacy and data protection jurisprudence. Despite this, the decision […]
Zhangabylov, Danko and Baus, ‘The Importance of IP Rights for Technological Academic Spin-Offs’
ABSTRACT Academic spin-offs (ASOs) as a way of commercializing the results of technological research have become an increasingly important practical issue and have led to a surge of publications. It is generally accepted that IP protection is relevant to ASOs, but controversial and fragmented research leaves questions unanswered regarding the specific role of IP rights […]