Monthly Archives: May, 2024
Peter Ormerod, ‘Privacy Law’s Incumbency Problem’
ABSTRACT Policymakers and scholars concerned with the power of informational platforms are questioning how traditional doctrinal silos like privacy law and antitrust law interact in digital markets. Their interaction has taken on new urgency in recent years as states have enacted a flurry of consent-based privacy laws and as digital markets have become increasingly dominated […]
Cayetana Santaolalla, ‘Bitcoin versus Central Bank Digital Cryptocurrencies: Last Call for Freedom’
ABSTRACT On 12 January 2023, the Bitcoin protocol celebrated 14 years since its launch. Bitcoin’s founding document (the Whitepaper) was released to the world on 31 October 2008 by Satoshi Nakamoto, who disappeared forever on 10 December 2010. In each of its stages over more than 40 years of evolution, the financial freedom of the […]
Danny Friedmann, ‘Creation and Generation Copyright Standards’
ABSTRACT There is a de facto double standard in copyright eligibility. Despite the insistence of the US Copyright Office (Office) that copyright law is applied consistently to all subject matter, in practice the user of AI-generated images needs to meet an unattainably high standard. This includes that the author had a fully formed conception and […]
‘Case Law Update: Savage v Savage [2024] EWCA Civ 49′
In Savage v Savage [2024] EWCA Civ 49 (‘Savage’), the Court of Appeal reached a much required decision on the statutory interpretation of Section 15 of the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA 1996’) and held that, when considering an application under Section 14 TOLATA 1996 and a dispute between beneficiaries […]
Gina Campanelli, ‘Can ChatGPT Keep a Secret? An Evaluation of the Applicability and Suitability of Trade Secrecy Protection for AI-Generated Inventions’
ABSTRACT The rising popularity of generative artificial intelligence has sparked questions around whether AI-generated inventions and works can be protected under current intellectual property regimes, and if so, how. Guidance from the US Copyright Office and recent court cases shed some light on the applicability of copyright and patent protection to AI-generated products; namely ‘authors’ […]
Martino and Ringe, ‘The Social Cost of Blockchain’
ABSTRACT In the past decade, the legal and economic literature on blockchain technology and its applications has flourished. This new technology holds great promise for enhancing the efficiency of contracting. Building on the classic Coase theorem, blockchain as a decentralised mechanism of decision-making should be superior to centralised regulation, possibly yielding substantial efficiency gains. Notably, […]
C Santaolalla Montoya (direction and co-ordination), ‘Consumer Protection in the European Union: Challenges and Opportunities’
ABSTRACT Collective book coordinated and directed by C Santaolalla Montoya, where 25 authors expose the most pressing challenges for the European consumer. This book is part of the project ‘Updating consumer and marketing law content for the Consumer Law section of the e-Justice Portal’, funded by the European Commission for 4 years, in which the […]
The Value of Personal Rights of Action: Hanoch Dagan and Avihay Dorfman, University of Toronto and Zoom, 17 May 2024
The paper claims claim that contemporary champions of personal rights of action do not explain why and when these rights matter. Moreover, contemporary critics of these rights do not explain why all such rights should be replaced with other alternatives to the traditional system of common-law litigation, such as collective litigation. Their core thesis is […]
‘Priors, Promises and the Proper Observation of Old Books’
As a Land Law teacher with a research interest in medieval legal history, I am always interested to see the two parts of my academic world coming together. Sometimes this can be frustrating, when lawyers, judges or others misrepresent the law of the past, or throw around ‘medieval’ and ‘feudal’ in an inaccurate fashion (see […]
‘Government Contracts, Algorithms, and the Benefits of Trial and Error’
Cary Coglianese and Erik Lampmann, ‘Contracting for Algorithmic Accountability’, 6 Administrative Law Review Accord 175 (2021). Algorithmic accountability is a pressing contemporary issue. Machine learning algorithms – also known as artificial intelligence (AI) – are used in decision-making by state and federal agencies, as well as in the private sector. The decisional outcomes from AI […]