Monthly Archives: May, 2024
Dan Puchniak, ‘The False Hope of Stewardship in the Context of Controlling Shareholders: Making Sense Out of the Global Transplant of a Legal Misfit’
ABSTRACT In 2010, the United Kingdom issued the world’s first stewardship code. Since then, stewardship codes have been issued in many of the world’s leading economies and now exist in twenty jurisdictions on six continents, with more jurisdictions considering adopting them. In the United Kingdom, stewardship codes were promised to transform rationally passive institutional investors […]
Charlotte Tschider, ‘Unto the (Data) Breach’
ABSTRACT Since the early 2000s, US courts have begun hearing ‘data breach’ liability cases, the inevitable result of a growing internet-connected technology infrastructure. The relatively recent development of case law signals a body of law in development, stunted by significant limiting factors that prevent the coalescence of legal principles. To date, no holistic empirical exploration […]
Edward Lee, ‘The Code Red for Copyright Law’
When Tyler Perry saw one-minute clips produced through Sora, OpenAI’s new text-to-video generator, the filmmaker was absolutely stunned. ‘[S]eeing the capabilities, it was mind-blowing’, he told The Hollywood Reporter. ‘I had no idea until I saw recently the demonstrations of what it’s able to do. It’s shocking to me.’ Perry wasn’t alone. Sora had many […]
Michael Helfand, ‘Contractual Commitments and the Right to Change Religions’
ABSTRACT Religious contracts have long been a feature of religious life and commerce in the United States. Across a range of contracting contexts – property, employment, arbitration and family law, to name a few – parties regularly enter into agreements where performance is measured against religious standards and objectives. But in more recent years, courts […]
Carsten Koenig, ‘An Economic Analysis of Supply Chain Liability’
ABSTRACT Legislators and regulators around the globe are increasingly seeking to hold multinational companies accountable for human rights and environmental abuses in their supply chains, even when the harm is primarily caused by a subsidiary or business partner. This paper examines such supply chain liability from an economic perspective. It argues that it can be […]
Andre Nollkaemper, ‘Causation Puzzles in International Climate Litigation’
ABSTRACT The multiplicity of causes of climate change may make it very difficult, if not impossible, to establish causal connections between individual states’ greenhouse gas emissions and the harmful effects of climate change. This causation puzzle offers states a defence against claims that they would be responsible for harmful effects. However, the increasing body of […]
Nolan and Matulionyte, ‘Artificial Intelligence in Medicine: Issues when Determining Negligence’
ABSTRACT The introduction of novel medical technology, such as artificial intelligence (AI), into traditional clinical practice presents legal liability challenges that need to be squarely addressed by litigants and courts when something goes wrong. Some of the most promising applications for the use of AI in medicine will lead to vexed liability questions. As AI […]
Vera Sevastianova, ‘Trademarks in the Age of Automated Commerce: Consumer Choice and Autonomy’
ABSTRACT In the age of automated commerce, powered by artificial intelligence and machine learning (AI/ML) tools, the role of trademarks in shopping may be diminishing. For instance, the Alexa voice assistant will announce only a couple of purchase options under specific trademarks, concealing the plenitude of other products on its interface. Another example is that […]
Rosenthal and Burkett, ‘Data-Driven Contract Design’
ABSTRACT This paper proposes a prior-free model of incentive contracting wherein the principal’s beliefs about the agent’s production technology are characterized by revealed preference data. The principal and the agent are each financially risk neutral and the agent’s preferences are understood to be quasilinear in effort. Prior to contracting with the agent, the principal observes […]
Benjamin Sobel, ‘Copyright Accelerationism’
ABSTRACT Modern copyright law seems determined to impede people’s engagement with creative expression. The absence of formal prerequisites to copyright ownership locks up works with no commercial value, written by authors who may not wish to claim property rights. Copyright’s originality requirement is so low that all but the most mindless emails and shopping lists […]