Monthly Archives: May, 2024
Reid and Wilson, ‘Data Controllers as Data Fiduciaries: Theory, Definitions and Burdens of Proof’
ABSTRACT As more US states have begun to pass consumer privacy laws, there are growing calls for federal data privacy regulation to ease the burden of compliance with various, sometimes conflicting, state laws. However, scholars and lawmakers are divided on how best to balance robust privacy protections with privacy laws to which businesses can realistically […]
Linda Mullenix, ‘Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries’
ABSTRACT Without doubt the US Supreme Court in the twenty-first century has been obsessed with the problem of corporate attorneys’ inclusion of class action waivers in arbitration agreements. This article traces the emergence of the class action waiver issue, which developed in tandem with the plaintiffs’ embrace and proliferation of class action litigation at the […]
Cheng Lim Saw, ‘Distinguishing the Fair Use and Fair Dealing Doctrines in Copyright Law – Much Ado about Nothing?’
ABSTRACT It is often assumed and taken for granted that there is a gulf separating the fair use and fair dealing doctrines in copyright law arising principally from the ‘open versus closed’ distinction that is made of the statutory schemes in the respective fair use and fair dealing jurisdictions. It will be argued in this […]
David Opderbeck, ‘Copyright in AI Training Data: A Human-Centered Approach’
ABSTRACT This paper challenges the view among some copyright scholars that the use of unlicensed copyrighted material to train AI systems is a form of non-expressive fair use. Scholars and technologists who argue for broad non-expressive fair use in AI training data are reflect an outdated vision of Internet exceptionalism that fails to account for […]
Chukwuma Okoli, ‘The significance of a forum selection agreement as an indicator of the implied choice of law in international contracts: a global comparative perspective’
ABSTRACT Where the parties to an international contract fail to specify the choice of law, a forum selection agreement is one of the most, if not the most, significant factors to consider in implying the choice of law in many international, supranational, regional instruments, and national jurisdictions. However, it is an ill-defined, notoriously complex, and […]
Lupica and Hudson, ‘Addressing the Failures of the US Civil Legal System’
ABSTRACT When people seek and receive legal counsel from community advisors, attorneys, family, friends, mental and physical health professionals, agency staff, limited licensed professionals, courts, or self-help materials, such advice needs to be framed and presented in ways that can be heard and acted upon. The transfer of legal information must coincide with the context […]
Masashi Takahashi, ‘Climate Risk and Contract Completeness: Evidence from Corporate Real Estate Leases’
ABSTRACT Climate risk should drive the design of financial contracts: when contracting parties anticipate potential climate contingencies affecting asset values, they might want more complete contracts to reduce the uncertainty of future contracting outcomes. Exploiting a novel sample of corporate real estate lease contracts combined with quasi-experimental hurricane incidents, this paper demonstrates how climate risk […]
Eric Heinze, ‘Multidisciplinary Theory in Law’
ABSTRACT In the English-speaking world countless textbooks adopt the same basic story about how legal theory became multidisciplinary. They teach that in the 19th and 20th centuries legal positivism had theorized law as an autonomous or ‘anti-multidiscplinary’ social system, yet positivists failed to explain certain important elements or operations of law. The problem with that […]
Gerver, Banerjee, John and John, ‘Nudging Against Consent is Effective but Lowers Welfare’
ABSTRACT Behavioural nudges are often criticised to ‘work in the dark’. However, recent experimental evidence suggests that the effectiveness of nudges is not reduced when they are delivered transparently. Most people endorse transparent nudges. Yet, transparent nudging may undermine human autonomy – a minority may oppose to being nudged and feel manipulated, even if they […]
‘Criminal Law meets Estates Law: Incarceration and Inheritance’
Brittany L Deitch, ‘Estate to State: Pay-To-Stay Statutes and the Problematic Seizure of Inherited Property’, 95 University of Colorado Law Review (forthcoming 2024), available at SSRN (20 March 2023). Criminal law scholars and estates and trusts scholars do not usually travel in similar circles. They do not typically attend the same conferences or read each […]