Monthly Archives: May, 2024
Shahla Ali, ‘Comparative International Arbitration Law’
ABSTRACT It is said that ‘not many fields of law use comparative law as extensively as international arbitration’ (Vadi, 2010). Indeed, comparative approaches to international arbitration law have assumed greater importance in the study of both commercial and investment arbitration. This chapter explores the applications of comparative law methods in the developments of international arbitration […]
Liam Cronan, ‘Of Property and Pilgrims: The Myth of Communal Property and the Realities of Corporate Charters and Land Tenures in Plymouth Colony’
ABSTRACT Each Thanksgiving, journalists discuss and debate the ‘communal’ ownership of land that allegedly existed in Plymouth Colony in the 1620s and its transition to ‘private’ property, supposedly providing an early glimpse of socialism versus capitalism in America. Recent law review articles have uncritically accepted this view. This article, by contrast, seeks to challenge this […]
Ljupcho Grozdanovski, ‘My AI, My Code, My Secret’
ABSTRACT The AI Liability Directive Proposal (AILD) includes a right for victims of harm of so-called high-risk AI systems to request that evidence be disclosed. An important limit to this right is the protection of trade secrets. In the context of a trial, business secrecy may act as a barrier to evidence, potentially precluding litigants […]
Kenneth Abraham, ‘Free Speech, Breathing Space, and Liability Insurance’
ABSTRACT In New York Times v Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts (invasion of privacy and intentional infliction of emotional distress), so as to create ‘breathing space’ – additional protection against liability for speech that has no constitutional value in itself. The idea […]
Sebastian Peyer, ‘Time for Parliament to act? The PACCAR decision of the UK Supreme Court’
INTRODUCTION Litigation funding has become an essential ingredient in collective actions for breaches of competition law brought in the Competition Appeal Tribunal (CAT). In the recent PACCAR proceedings, the Supreme Court was asked to rule on the nature and enforceability of litigation funding agreements (LFAs) between third-party litigation funders and group representatives where the success […]
Mateusz Grochowski, ‘Socialist Consumer Law’
ABSTRACT Although socialist countries based their economies on the Soviet model of state planning during the Cold War, over time they developed their own consumer protection structures. In a centrally controlled economy, consumers typically contracted directly with state-controlled enterprises (state-consumer transactions). This meant that the state acted in a dual role (as contracting party and […]
Ghio and Thomson, ‘Is insolvency stigmatised?’
ABSTRACT It is a commonly held belief that there exists a sense of stigma around insolvency, which explains the low uptake of rescue procedures in the United Kingdom and around the world. We assess the accuracy of this claim through two qualitative studies. The first is conducted through interviews with corporate directors in the United […]
Bhagyamma Gopala, ‘Exploring the interplay between menstrual leave and the right to privacy’
ABSTRACT As artificial intelligence (AI) continues to change the healthcare industry, models are being utilised to make labour and delivery safer for moms and newborns. Predicting pregnancy diseases including preeclampsia and gestational diabetes, controlling and treating ectopic pregnancies, and more have all benefited from the usage of AI approaches. We also discovered that AI technologies […]
Marietta Auer, ‘Modern Property’
ABSTRACT In the present analysis, I argue that modern property discourses mirror the aporetic normative structure of the modern legal consciousness. I distinguish between the ‘first modernity’ and the ‘second modernity’, and argue that both are a necessary part of modern property theory. The first modernity describes the affirmative strand of Enlightenment modernity, emphasising the […]
Beatriz Botero Arcila, ‘AI Liability in Europe: The Problem of the Human in the Loop’
ABSTRACT Who should compensate you if you get hit by a Tesla in ‘autopilot’ mode: the safety driver or the car manufacturer? What about if you find out you were unfairly discriminated against by an AI decision-making tool that was being supervised by an HR professional? Should the developer compensate you, the company that procured […]