Monthly Archives: July, 2024

Roger Derrington, ‘Snark Hunting: A Search for Tracing’s Underlying Rationale’

ABSTRACT The underlying rationale for tracing in equity is a much-debated topic and has seemingly resulted in more theories than there are commentators. For a relatively minor area of the law, it has attracted substantially more than its fair share of attention from academic theorists, each of whom vie to include it as part of […]

Sirko Harder, ‘The Territorial Scope of Australia’s Unfair Contract Terms Provisions’

ABSTRACT Section 23 of the Australian Consumer Law, which is sch 2 of the Competition and Consumer Act 2010 (Cth), invalidates unfair terms in particular types of contract. Section 5(1) of the Act extends the application of the Australian Consumer Law to conduct outside Australia by (among others) corporations carrying on business within Australia. In […]

Patrick Parkinson, ‘The Constitutional Constraints on Altering Property Rights After Relationship Breakdown’

ABSTRACT Section 79(2) of the Family Law Act 1975 (Cth) provides that the court shall not make an order altering property rights unless it is just and equitable to do so. This article argues that s 79(2) is required by the constitutional foundations upon which the power to alter property rights rests. The discretion of […]

Lemley and Holmes, ‘Authoring While Dead’

ABSTRACT Bob Marley died in 1981. But he wrote a song in 2017 with The Killers. At least, that’s what the song credits say. Why? Because The Killers’ song included the two words ‘redemption songs’, the title of a classic Bob Marley hit. Rather than fight, The Killers agreed to add Marley as a co-author. […]

Peter Kutner, ‘Truth in the Law of Defamation’

ABSTRACT This article identifies and examines important aspects of truth as a defence to defamation liability in common law and ‘mixed’ legal systems. These include the fundamental issue of what must be true to establish the defence, whether the defendant continues to have the burden of proving that a defamatory communication is true, the condition […]

Shyamkrishna Balganesh, ‘Interactional Ordering: Reconstructing Lon Fuller’s Theory of Private Law’

ABSTRACT While Lon Fuller is best remembered for his contributions to the fields of general jurisprudence and contract law, his work in each has long been seen as unrelated to the other. This Article shows that in a significantly underappreciated body of work, Fuller did connect the two and, in the process, developed a robust […]

Griffin, Laskowski and Thumma, ‘How to Harness AI for Justice: A Preliminary Agenda for Using Generative AI to Improve Access to Justice’

ABSTRACT This article highlights the extraordi­nary potential of generative artificial intelligence (AI) and the extraordi­nary risks it poses in the context of promot­ing access to justice. Here, ‘access to justice’ means any practice that helps litigants, especially in the nation’s civil courts, resolve their legal matters with minimal or no formal attorney representation. It also […]

Solove and Hartzog, ‘The Great Scrape: The Clash Between Scraping and Privacy’

ABSTRACT Artificial intelligence (AI) systems depend on massive quantities of data, often gathered by ‘scraping’ – the automated extraction of large amounts of data from the internet. A great deal of scraped data is about people. This personal data provides the grist for AI tools such as facial recognition, deep fakes, and generative AI. Although […]

SI Strong, ‘International ADR: Commercial Courts and Commercial Arbitration: Why Have Both?’

ABSTRACT While international commercial arbitration is frequently touted as the preferred method of resolving multinational business disputes, the process is not universally beloved. Instead, certain segments of the bench, bar, and academia believe that all legal disputes – including those in the cross-border commercial context – should be decided in court rather than in arbitration. […]

‘The EU AI Act has been published’

Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It’s not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long awaited Regulation (EU) 2024/1689 of the […]