Monthly Archives: May, 2024
Andrew Verstein, ‘Incorporating Responsibility’
ABSTRACT ‘Limited liability’ is the rule that shareholders are not liable for the debts of the corporations they own. Critics of limited liability argue that it encourages corporations to ignore the harms they cause and cuts off recovery for deserving plaintiffs. Defenders of limited liability reply that it helps the economy by reassuring investors that […]
Asaf Raz, ‘Taking Personhood Seriously’
ABSTRACT This Article takes the recent Twitter merger litigation, along with other high-profile legal developments, as an opportunity to re-examine one of the most important, and misunderstood, concepts in the modern social landscape: legal personhood. The Article makes three main contributions to the literature: first, it originally connects several key stages in personhood’s historical development, […]
Dimitra Tsiaklagkanou, ‘French Tort Law Reform: A Rapprochement to Other Legal Systems?’
ABSTRACT The revision of French tort law is proving to be a long process, starting with a first draft by the working group directed by Pierre Catala and Geneviève Viney in 2005, and only reaching a proposed new law tabled by Senators in 2020. The need for revision arose due to the silence of the […]
‘Defamation by Hallucination’
Eugene Volokh, ‘Large Libel Models? Liability for AI Output’, 3 Journal of Free Speech Law, volume 4, 489 (2023). AI in the form of Large Language Models (LLMs) is altering the ways in which we work, learn, and live. Along with their many upsides, an already familiar downside of LLMs is their propensity to ‘hallucinate’ […]
Dario Vicente, ‘The Role of the Brussels I-Bis Regulation in European Private International Law and the Challenges Facing It’
ABSTRACT The 1968 Brussels Convention sought to promote mutual trust between Member States in jurisdictional matters by adopting uniform rules on judicial competence in civil and commercial matters, with a view to implementing a principle of automatic recognition of foreign judgments among them. Such rules could however be formulated only in respect of a limited […]
ByJi Ma, ‘Time to Codify International Investment Law? Not yet’
ABSTRACT The International Law Commission (ILC) aims to promote ‘the progressive development of international law and its codification’. Following several decades of development of international investment law, some scholars argue that the time is ripe for the ILC to codify it. Contrary to such argument, this chapter considers that the timing of codifying international investment […]
Jan van Staalduinen, ‘The Doctor and the Missing Link – EU Product Liability for Clinical (AI) Decision Support Systems’
ABSTRACT Clinical decision support systems (CDSSs) are computer systems that are designed to support clinical decision making, usually about individual patients. An example of a CDSS is the AI system that is central to the DECIDE-VerA project, which assists GPs by analysing a patient’s risk of developing cardiovascular diseases. If a decision which involved the […]
‘Socially Distanced Wills’
Richard F Storrow, ‘Legacies of a Pandemic: Remote Attestation and Electronic Wills’, 48 Mitchell Hamline Law Review 826 (2022). The modernization of probate codes has been a slow and fraught proposition. States have long set different requirements for formalizing wills. To this day there are still states that require strict compliance with all formalities, including […]
‘Breaching the Contract Paradigm’
Howard M Erichson and Ethan J Leib, ‘Class Action Settlements as Contracts?’, 102 North Carolina Law Review (forthcoming 2023), available on SSRN. For the traditional civil proceduralist and legal ethicist, much of class action law is fitting a square peg in a round hole. Few of the principles or rules developed in the context of […]
Kip Hustace, ‘Counting Is Hard! A Theory of Doctrinal Expansion’
ABSTRACT We conventionally see pleading as liberalized, with leeway for inconsistent claims and expansive choice among theories of relief, or counts. Yet procedure scholars have shown how heightened pleading post-Twiqbal constricts liberality, turning us back toward 19th Century fact-intensive code pleading. This Article theorizes a further constriction: proliferating and ossifying counts. While affording pleading latitude, […]