Monthly Archives: May, 2024
Makoto Kureha, ‘On the moral permissibility of robot apologies’
ABSTRACT Robots that incorporate the function of apologizing have emerged in recent years. This paper examines the moral permissibility of making robots apologize. First, I characterize the nature of apology based on analyses conducted in multiple scholarly domains. Next, I present a prima facie argument that robot apologies are not permissible because they may harm […]
Teresa De Jesus Candeias, ‘Artificial Intelligence’s Role in Enhancing Conflict Resolution within the Online Dispute Resolution (ODR) System’
ABSTRACT This essay discusses the paradigm of the Online Dispute Resolution (ODR) system within the judicial context, highlighting the relevance of digital platforms for the efficient resolution of legal disputes. The influence of arbitration rules as the foundation for ODR is analyzed in detail, emphasizing how the effectiveness of these platforms is intrinsically linked to […]
Satish Kumar Jain, ‘On the Efficiency of Liability Rules When Both Victims and Injurers Suffer Losses’
ABSTRACT In the context of the standard tort model of interaction between two parties, where it is assumed that in case of accident only one party suffers losses, efficient liability rules are characterized by the condition of negligence liability. The condition of negligence liability requires that whenever one party is negligent and the other nonnegligent, […]
Eleonora Rosati, ‘The localization of IP infringements in the online environment: from Web 2.0 to Web 3.0 and the Metaverse’
EXECUTIVE SUMMARY Over time, technological advancements have resulted in novel ways both to exploit content and to infringe rights – including intellectual property rights (IPRs) – vesting in them. Legislative instruments have consistently clarified that pre-existing rights continue to apply to new media, ie, means to disseminate intangible assets, including in digital and online contexts. […]
‘The CISG and Choice-of-Law Clauses’
Although the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been in force for over 35 years, there is still scholarly disagreement as to how this treaty interacts with choice-of-law clauses (see, eg, the discussion on this blog: Coyle, Brand and Flechtner, Hayward and Lal). In principle, there seems to […]
‘Shifting The Paradigm In Private Law Theory’
David Blankfein-Tabachnick and Kevin A Kordana, ‘On Rawlsian Contractualism and the Private Law’, 108 Virginia Law Review 1657 (2022). In ‘On Rawlsian Contractualism and the Private Law’, David Blankfein-Tabachnick and Kevin Kordana, Professors at Michigan State and Virginia Law Schools, respectively, argue that we are witnessing a fundamental shift in the way that legal scholars […]
Michael Dugeri, ‘Rethinking Tort Liability Regimes for AI-Related Claims in Canada and Europe: A Case Study of AI Applications in Disease Diagnosis’
ABSTRACT Artificial intelligence (AI) systems are increasingly being integrated into various activities along the continuum of patient care. In oncology, which relies heavily on radiology, AI applications are used for oncologic imaging, ranging from imaging acquisition to cancer screening to treatment planning and response monitoring. This has resulted in AI-assisted radiology playing an increasingly important […]
Robert Merges, ‘Intellectual Property Rights and Private Law Entitlements’
ABSTRACT This brief chapter covers two topics: (1) it identifies the special nature of IP entitlements, the better to integrate IP into the fabric of private law theory; and (2) it investigates the ‘origin story’ of IP entitlements, by describing two examples of business-related torts that transformed into true property rights (right of publicity and […]
Giancarlo Frosio, ‘Generative AI in Court’
ABSTRACT In the age of burgeoning AI-driven creativity, the song ‘Heart on My Sleeve’ stands out, attributing its sound to famed artists like Drake and The Weeknd without their participation. This product of ‘Generative AI’ is a testament to AI’s creative capabilities. However, amidst the advancement of AI in the creative domain, the intersection of […]
Darian Ibrahim, ‘Corporate Law on the Blockchain’
ABSTRACT This Article turns from the current legal battleground for crypto, securities law, to the next one, corporate law. Are blockchain actors fiduciaries like corporate directors? A suit seeking to impose fiduciary duties on blockchain developers might soon arise in the US, as a major UK case on that very issue bounces between the lower […]