Monthly Archives: June, 2024

‘Cropping photograph and omitting author’s name may infringe moral rights’

There is no doubt that photographs can be protected by copyright. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an […]

Emanuel Towfigh, ‘An Economic Analysis of the Preventive Administration of Justice in Civil Law Countries’

ABSTRACT This Expert Opinion examines the preventive administration of justice in civil law countries from an economic point of view. In many countries with a civil law tradition, the role of the judiciary is not confined to solving conflicts after they occur. Instead, courts and other government actors assist individuals in structuring their legal relationships […]

Sarah Swan, ‘The Plaintiff Police’

ABSTRACT In civil litigation, police officers typically occupy the role of defendant, responding to claims of misconduct like excessive force, unlawful arrest, or discriminatory policing. Lately, however, police officers have increasingly been taking on a different litigative role: that of plaintiff. In the wake of the Black Lives Matter protests and the corresponding attention to […]

Gregory Antill, ‘Rights, Reasons, and Culpability in Tort Law and Criminal Law’

ABSTRACT This article considers how a mens rea regime growing out of principles of corrective or restorative justice, taken by many theorists to underly tort law, differs from the kind of mens rea regimes which arise in a system of criminal law grounded in more traditional retributivist, expressivist, or deterrence-based principles. Recent scholarly proposals to […]

Young, Nagdee and Pieterse, ‘The dose-effect relationship in PTSD: the South African Constitutional Court Case of AK v Minister of Police (2022)’

ABSTRACT The decision of the South African Constitutional Court in AK v Minister of Police has implications for law enforcement agencies that fail the victims of crime. In this matter, the plaintiff sued the Minister and others for damages after officers had failed to rescue her from the perpetrator(s) of a protracted sexual assault and […]

Katarzyna Wałdoch, ‘Informed Consent for the Use of AI in the Process of Providing Medical Services’

ABSTRACT It has been for several years now that physicians use medical devices based on artificial intelligence (AI) in their professional practice. The use of these tools makes health services more personalized, tailored to the individual characteristics and needs of the patient. There is also a technological possibility for AI systems to provide patients with […]

Pantović and Zrnić, ‘Informed Consent in Clinical Studies in the Republic of Srpska’

ABSTRACT As human medicine is developing at a galloping pace, continuously offering new medical products, diagnostic methods and preventive programmes, there is almost no time gap between their creation and application in medical practice. All these biomedical achievements are primarily intended to improve public health and the patient’s quality of life and health. Hence, it […]

Vasileios Maroudas, ‘Fault-Based Liability for Medical Malpractice in the Age of Artificial Intelligence: Α Comparative Analysis of German and Greek Medical Liability Law in View of the Challenges Posed by AI Systems’

ABSTRACT The rapid developments in the field of AI pose intractable problems for the law of civil liability. The main question that arises in this context is whether a fault-based liability regime can provide sufficient protection to victims of harm caused by the use of ΑΙ. This article addresses this question specifically in relation to […]

Rustad and Hert, ‘Global Product Liability for Dumb “Smart” Home Devices’

ABSTRACT The number of smart homes globally has increased to 300 million, and the smart home market is expected to reach approximately $181.4 billion by 2025. These new developments, however, are accompanied by related security risks. The attack surface for smart home devices poses latent dangers because of inadequate security that enables cybercriminals to gain […]

Richard Markovits, ‘What’s the Matter With Welfare Economics?’

ABSTRACT Welfare Economics is the branch of economics that focuses on economic efficiency. Much Law & Economics research (1) analyzes the economic efficiency of particular common-law or constitutional-law holdings or decisions or of particular judicial interpretations and/or applications of statutes or administrative regulations and (2) makes explicit claims or proceeds on implicit assumptions about the […]