Monthly Archives: May, 2024
Aniket Kesari, ‘“Right to Yelp Laws” and the Reputational Sanctions Market’
ABSTRACT How do statutes that protect consumers’ rights to write reviews shape the reputational sanctions market? In 2016, Congress passed the Consumer Review Fairness Act (CRFA), commonly championed as the ‘right to Yelp’ law. The law makes contract provisions that prevent honest consumer reviews unenforceable, but creates carve outs for abusive, libelous, or false/misleading reviews. […]
Daniel Solove, ‘Against Privacy Essentialism’
ABSTRACT In this essay, Daniel Solove responds to Maria Angel and Ryan Calo’s critique of his theory of privacy. In their article, ‘Distinguishing Privacy Law: A Critique of Privacy as Social Taxonomy’, 124 Columbia Law Review 507 (2024), Angel and Calo note that although ‘Solove’s taxonomic approach appears to have exerted an extraordinary influence on […]
Mihai Coca-Constantinescu, ‘Understanding the Need for Regulatory Intervention: The EU Data-Driven Market’
ABSTRACT The issue explored in this thesis revolves around regulatory intervention in the EU data-driven market. Legislation adopted by the European Union has proved to positively impact the legal order of each Member State. This paper will peruse the mechanics behind the importance of the so far existent regulation governing the EU data-driven market. The […]
Eric Boot, ‘The Public Interest: Clarifying a Legal Concept’
ABSTRACT Appeals to the public interest in law are commonplace, but typically made without clarifying what the public interest is and how it can be determined. In law, this has led to ad hoc applications of the public interest and, consequently, to ‘judicial idiosyncrasy’, posing a threat to legal certainty. This paper aims to remedy […]
Ilias Ioannou, ‘Relational Trade Networks’
ABSTRACT This paper argues that in platform-based digitalisation of international trade processes, the use of blockchain instead of a central database system does not by itself adequately address the platform provider’s potential to engage in opportunistic behaviour. Digital transformation of international trade is, thus, constrained by hold-up problems. This requires embedding governance mechanisms in platform […]
Juan Martín Morando, ‘Modelling under False Assumptions’
ABSTRACT When the Rational Choice Model fails to explain or predict human behavior, the Behavioral Economics model becomes handy. This model bases its assumptions on the premise that people are not rational because heuristics and biases may influence their reasoning and behavior. We argue that there may be a better explanation: the assumption that people […]
‘On Preventing the Abuse of Contracts’
Hanoch Dagan and Catherine L Fisk, ‘Independent Contractors and The ABCs of Contract Law’, Arizona Law Review (forthcoming 2024), available at SSRN (23 October 2023). The notorious 1905 Supreme Court decision in Lochner v New York has become a symbol of a clash between the State’s wish to protect people from inadequate working conditions and […]
‘Uniform Laws Update – Conflict of Laws in Trusts and Estates’
The Uniform Laws Update in Probate & Property highlights the evolving landscape of estate planning, which has shifted from primarily local to encompassing multiple jurisdictions due to increased mobility, changing wealth structures, and evolving state laws. With families relocating frequently and wealth being more fluid, estate plans often need to consider laws from various states […]
Shreya Agarwala, ‘When Sharing Isn’t Caring: Children’s Reputations and Sharenting’
ABSTRACT A picture is worth a thousand words … or likes, or dollars. But is it worth a child’s dignity? Social media’s youngest stars, or kidfluencers, grow up in the eyes of the public. As their parents engage in sharenting, or posting one’s child on social media, the kidfluencers lose their privacy, their capacity to […]
Pasquale and Sun, ‘Consent and Compensation: Resolving Generative AI’s Copyright Crisis’
ABSTRACT Generative artificial intelligence (AI) has the potential to augment and democratize creativity. However, it is undermining the knowledge ecosystem that now sustains it. Generative AI may unfairly compete with creatives, displacing them in the market. Most AI firms are not compensating creative workers for composing the songs, drawing the images, and writing both the […]