Monthly Archives: May, 2024
Alex Mills, ‘Sustainability and jurisdiction in the international civil litigation market’
ABSTRACT The sustainability of the global economy, particularly in response to the concerns of climate change, is an issue which impacts many different aspects of life and work around the world. It raises particular questions concerning globalised industries or markets which depend on long distance transportation for their function. This article takes as its focus […]
Erin Nelson, ‘Health Information Privacy and the Law: Narrowing Alberta’s Accountability Gaps’
ABSTRACT Current Alberta law does not adequately respond to violations of health information privacy. While privacy is an ill-defined concept in general, there is no uncertainty as to the importance of privacy in relation to personal health information. The increasing use of electronic means to generate and store health information creates an urgent demand for […]
R McKay White, ‘Access to Justice for Victims of Economic Exploitation’
ABSTRACT Research in intimate partner violence (IPV) has established that economic abuse, including economic exploitation, is an important form of IPV that is often used to trap victims in an abusive relationship. Though victims of all types of IPV encounter particular barriers to accessing justice, there are particular issues for those victimized by economic exploitation. […]
Frederick Rieländer, ‘The EU private international law framework for civil disputes concerning credit ratings: Exploring the status quo and prospects of reform’
ABSTRACT This article addresses the EU private international law framework for cross-border disputes concerning credit ratings. It argues that investors harmed by faulty ratings face considerable challenges when enforcing claims against credit rating agencies. These challenges arise not only due to the high standard of proof for damages claims and additional barriers rooted in substantive […]
Adam Eckart, ‘Contracting for Social Change’
ABSTRACT Throughout history, social change has often been shaped by high-profile legislation and through high-stakes litigation. But social change can also be spurred on through private contract, including through the agreements businesses and individuals make with each other every day. Transactional attorneys can promote social change through drafting techniques and choices, including narrative and storytelling […]
Michael Mattioli, ‘Distributive Fair Use’
ABSTRACT Recent generative AI copyright lawsuits have ignited a crucial debate about the future of intellectual property. The technology involved is complex, but the essential conflict is simple: creators are trying to stop machines capable of imitating them. These are familiar battle lines. From the loom to the first camera, inventions have long triggered anxieties […]
Helena Alviar Garcia, ‘Granting Rights to Rivers in the Shadow of Extractivism’
ABSTRACT In Colombia, the Atrato River, situated in the region of Chocó, was granted rights in a 2016 ruling. More than ten other rivers have been granted rights in the following years. This judicial intervention has been influenced by other jurisdictions where rights have been granted to rivers like New Zealand and India. The article […]
Hornkohl and Ribera Martínez, ‘Collective Actions and the Digital Markets Act: A Bird Without Wings’
ABSTRACT This paper comprehensively analyses collective actions for DMA violations. The paper first builds on the preliminary objectives for collective actions for DMA violations, including the overall role of private actors in DMA enforcement and the deficits of individual private enforcement. It will assess why the DMA is particularly prone to collective enforcement. Second, the […]
van Erp and Hanzl, ‘ELI Principles on Blockchain Technology, Smart Contracts and Consumer Protection’
ABSTRACT The project started in 2018 following a Use-Case Approach (ie a descriptive and up-close exploratory examination of how a blockchain could function in a real-world context) to understand how blockchains and Smart Contracts might be used in practice. However, developments were moving so fast that sometimes, shortly after a use-case was presented, the experience […]
‘Robinson and Roberts v Wheble (1771): A New “First” Trademark Case at Common Law’
The origins of trademark law have long been disputed; some legal scholars recognize JG v Samford or Sanford’s Case (1584), later described in Southern v How, 79 Eng Rep 1243 (1618) as a case in which a clothier had misappropriated his rival’s mark, as the first example of a trademark dispute in the English legal […]