Monthly Archives: May, 2024
Goldberg and Trask, ‘No-Injury and Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers’
ABSTRACT Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ […]
Florence G’sell, ‘An Overview of the European Union Framework Governing Generative AI Models and Systems’
ABSTRACT This study is a work in progress examining the legal framework governing generative AI models in the European Union. First, it studies the rules already applicable to generative AI models (GDPR, Copyright Law, Civil Liability, Digital Services Act). Second, it examines the latest version of the AI Act as it was voted by the […]
Isaiah Burroughs, ‘Inheriting Intangibles: Exploring Copyright Erosion Through Succession via Will’
ABSTRACT Under current copyright law, the holder enjoys copyright protection for the duration of the author’s life, extended by seventy years. However, the question arises: who assumes ownership of post-mortem copyright, and to what extent do their rights extend? Unless the recipient possesses legal or artistic insight, this transition can often represent a forfeited chance […]
Tiago Soares Da Fonseca, ‘Arbitration and Mediation in Consumer Disputes at the Consumer’s Option’
ABSTRACT Directive 2013/11/EU, of 21 May 2013, applies to domestic and cross-border out-of-court dispute resolution procedures relating to contractual obligations arising from sale or service contracts between traders established in the Union and consumers resident in the Union through the intervention of an Alternative Dispute Resolution (ADR) entity which proposes or imposes a solution, or […]
Abraham Drassinower, ‘The Work of Readership in Copyright’
ABSTRACT The paper seeks to contribute to ongoing efforts to develop lines of thinking about the public domain in copyright law. The paper examines not the balance between author and public but rather the publicness of authorship itself. The paper posits the public domain not under the rubric of copyright scope but rather under that […]
Miriam Buiten, ‘Product liability for defective AI’
ABSTRACT This paper studies the efficient definition of product defects for AI systems with autonomous capabilities. It argues that defining defects in product liability law is central to distributing responsibility between producers and users. The paper proposes aligning the standard for defect with the relative control over and awareness of product risk possessed by the […]
Asaf Raz, ‘The Original Meaning of Equity’
ABSTRACT Equity is seeing a new wave of attention in scholarship and practice. Yet, as this Article argues, our current understanding of equity is divided between two distinct meanings: on one side, the federal courts, guided by the Supreme Court, tend to discuss equity as the precise set of remedies known at a fixed point […]
Charmaine Chang, ‘When a Contract Falls Short: A Special Case for Restitution Under Duress in Unjust Enrichment’
ABSTRACT The English law of unjust enrichment deals with situations where it is unjust for someone to receive a benefit without paying for it. Duress is one of the unjust factors that allows for restitution. The recent approach of the court assumes the same test for duress in contract and unjust enrichment as in CTN […]
Richards, Hartzog and Francis, ‘A Concrete Proposal for Data Loyalty’
ABSTRACT Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued ‘notice and choice’ model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart […]
Engstrom and Engstrom, ‘The Making of the A2J Crisis’
ABSTRACT Over the last several decades, a rising tide of high-stakes but small-scale cases has come to dominate American court dockets: debt collections, evictions, home foreclosures, and child support enforcement actions, among others. In this Essay, we ask: How did we get here? How can it be that the majority of civil cases in American […]