Monthly Archives: May, 2024
George Chen, ‘Examining Contracts-based Moral Rights through Academic and Trade Publishing’
ABSTRACT The US has a ‘patchwork’ of specific and non-specific laws that directly or incidentally govern moral rights. This article focuses on a subset of this patchwork, contracts and copyright, and examines the utilitarian implications of effectuating attribution and integrity moral rights through the two (‘contracts-based moral rights’). The article will examine the advantages and […]
Abraham and Sharkey, ‘The Glaring Gap in Tort Theory’
ABSTRACT The glaring gap in tort theory is its failure to take adequate account of liability insurance. Most of tort theory fails to recognize the central role that liability insurance plays in tort law and litigation, or mentions liability insurance only briefly, treating it as exogenous to tort law itself, as if it were merely […]
Maziar Peihani, ‘The Recovery of Mistaken Payments – Revisiting the Doctrine of Relative Fault’
ABSTRACT When a payment is mistakenly made, ought the relative blameworthiness of the two parties, the payer and the payee, in relation to the mistake affect whether the payment can be recovered by the payer? In Canada, the leading case on payments by mistake of fact is BMP Global v Bank of Nova Scotia, where […]
Adam Hirsch, ‘A Battle of Wills: The Uniform Probate Code Versus Empirical Evidence’
ABSTRACT This Article explores the goals, methods, and present state of empirical research in the inheritance field. The Article synthesizes extant empirical studies – including unpublished ones and two original data sets presented here for the first time – and compares them with default rules currently found in the Uniform Probate Code. The Article proposes […]
Zipursky and Goldberg, ‘Trying and Succeeding’
ABSTRACT In ‘Duties to Try and Duties to Succeed’, Stephen Smith distinguishes two types of duties one might find in areas of private law such as contracts and torts: (1) duties to succeed (such as a duty not to trespass on another’s land), and (2) duties to try (such as a duty to try not […]
Thorpe, Cohen, and Gershon, ‘After Hegel: Rethinking Personhood for the Collective’
ABSTRACT The work of GWF Hegel has been important in expanding property theory, particularly beyond inquiries into the instrumental relationships between property-owning subjects and their proprietary objects. For modern legal interpreters, particularly Margaret Radin, Hegel’s Philosophy of Right grounds arguments that property is crucial in the construction of identity, self-expression, and community. Focusing on those […]
Gary Myers, ‘The Future is Now: Copyright Protection for Works Created by Artificial Intelligence’
INTRODUCTION Currently, under US copyright law, copyright protection is granted to original works of authorship fixed in a tangible medium of expression. However, it is not clear whether AI-generated works qualify for copyright protection. One argument in favor of granting copyright protection to AI-generated works is that such works involve creative input from the AI […]
Zipursky and Goldberg, ‘The Place of Philosophy in Private Law Scholarship’
ABSTRACT This chapter begins with an explanation of why, in the United States, philosophical analysis has become a prominent feature of private law scholarship. Historical, sociological, and constitutional peculiarities of the American experience all figure in our account. It then distinguishes two ways in which philosophy has been brought to bear on private law. The […]
Zipursky and Goldberg, ‘Recklessness in Tort: Interstitial Law as Doctrinal Fine-Tuning’
ABSTRACT ‘Intentional torts’, ‘Negligence’, and ‘Strict Liability’ are typically cast as the major categories of tort liability. Conspicuously absent from this list is ‘Recklessness’, which would seem to fit between intentionality and negligence and is treated in criminal law as a category of its own. And yet recklessness does make sporadic appearances in tort law. […]
‘Identifiability in defamation, data protection, and privacy cases’
In an earlier post, I considered the settlement in Carey v Independent News and Media and the status of Bloomberg v ZXC [2022] AC 1158, [2022] UKSC 5 (16 February 2022) in Ireland. According to media reports this time last week, a case similar to Carey may very well be brewing … (more) [Eoin O’Dell, […]