Monthly Archives: June, 2024

Just published: Beckers et al eds, The Foundations of European Transnational Private Law

Since Anu Bradford’s groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and […]

Leslie Katz, ‘Yet Again, Anthony Trollope Fails to Steer his Little Bark Clear of the Rocks and Shoals of the Law; This Time, it’s the Rocks and Shoals of the Law of Injunctions’

ABSTRACT In Phineas Redux, Phineas Finn is granted by the Court of Chancery an injunction prohibiting the publication of a libel, but at the date at which we’re to take it that such an injunction was granted, the Court of Chancery had no jurisdiction to grant injunctions prohibiting the publication of libels. Even if the […]

Allison Tait, ‘The Haunting of Wealth Law’

ABSTRACT Wealth law is full of ghosts, ghosts everywhere all at once. As a form of both preservation and disruption, a form of continuance as well as a form of interruption, ghosts are reminders of the past in its multiple forms. But they are also figures that prompt consideration of the present as well as […]

Alicia Solow-Neiderman, ‘Do Cases Generate Bad AI Law?’

ABSTRACT There’s an AI governance problem, but it’s not (just) the one you think. The problem is that our judicial system is already regulating the deployment of AI systems – yet we are not coding what is happening in the courts as privately driven AI regulation. That’s a mistake. AI lawsuits here and now are […]

Kosha Doshi, ‘US AI Laws – A State-by-State Study’

WASHINGTON – SB5643 and its companion HB1616 – Proposed. Introduced on January 31, 2023, SB5643 and its companion HB1616, known as the People’s Privacy Act, aim to prohibit any covered entity or Washington governmental body from using or installing equipment with ‘artificial intelligence-enabled profiling’ in public spaces such as resorts, accommodations, gatherings, or amusement venues […]

Peter Hay, ‘On the Road to a Third American Restatement of Conflicts Law’

ABSTRACT American private international law (Conflict of Laws, ‘Conflicts Law’) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. The last of these has been a mystery to many scholars and practitioners – indeed, even in the United States. Since 2014 the American Law Institute now seeks […]

Katrina Geddes, ‘How Art Became Posthuman: Copyright, AI, and Synthetic Media’

ABSTRACT In response to the threats posed by new copy-reliant technologies, copyright law often expands in scope. Frequently this results in overzealous rights enforcement and the suppression of lawful user expression. Generative AI is shaping up to be no different. Owners of copyrighted training data have asked the courts to find AI outputs to be […]

Estelle Derclaye, ‘The multifaceted influence of the Advocates-General on the Court of Justice’s copyright case law: legal secretaries, literature and language’

ABSTRACT Over the years, the Court of Justice of the European Union has had an enormous influence on shaping EU copyright law. In turn, research has shown that Advocates-General strongly influence the Court. The influence of the legal secretaries on Advocates-General is less known. There is no research on what literature in what languages the […]

Stéphane Sérafin, ‘The Contractual Basis of the Assignment of Contractual Rights’

ABSTRACT It is a generally accepted feature of English law, and of the law of those jurisdictions that follow the English common law tradition, that the benefits of a contract may be ‘assigned’ to a third-party assignee without undermining the privity relationship between the original contracting parties. However, the precise nature of this operation has […]

Allison Tait, ‘Family Property over Time’

ABSTRACT Family property, as the other chapters in this volume have demonstrated, comes in a variety of shapes, sizes, and forms according to jurisdiction. Legal geography helps map out contours and comparisons with respect to family and marital property and the ‘where’ matters greatly as it shapes the rules. But while space and location play […]