Monthly Archives: July, 2024
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 […]
David Duarte, ‘Immunities As Mere Propositions About The Law’
ABSTRACT Within the legal domain (or even within the larger domain of normative systems), it is common to see the word ‘immunity’ used with two different meanings: (i) a broad one, closer to its colloquial usage, in which it describes a sort of shield against any kind of interference from others (irrespective of the normative […]
Qinhao Zhu, ‘Quincecare is Dead, Long Live Quincecare!’
ABSTRACT In recent years, the Quincecare duty – the duty of banks to protect their customers from fraud—has been the bane of banks. So a pair of decisions last year, one from the United Kingdom Supreme Court and the other from the Hong Kong Court of Final Appeal, repudiating Quincecare’s reasoning and recasting the duty, […]
Michele Corgatelli, ‘The Corporate Sustainability Due Diligence Directive: Outstanding Issues’
ABSTRACT This paper contextualises the origins of the due diligence process embedded in the Corporate Sustainability Due Diligence Directive and assesses how these origins are reflected in the notions of ‘adverse impact’ and its ‘severity’, ‘risk’, ‘influence’ and ‘leverage’. In analysing the new provisions, the paper highlights a number of interpretive problems and outstanding issues […]
Ralph Brubaker, ‘Mass Torts, the Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements’
ABSTRACT This essay explores the constitutional tensions produced by aggressive efforts to resolve mass-tort liability through federal bankruptcy proceedings, as illustrated by non-consensual non-debtor (or third-party) releases and the so-called Texas Two-Step maneuver. The goal of both of those devices is to impose a mandatory no-opt-outs settlement of (and that imposes a hard cap on) […]
‘Contract Law and Inequality’
Rebecca Stone, ‘The Inequality of Bargaining Power Principle’, in Research Handbook on the Philosophy of Contract Law (forthcoming, 2024). Inequality of bargaining power between parties is a significant concern in contract law. Parties are not always equal, and negotiations may occur under conditions of power imbalance, impacting the contract terms. A fascinating new article by […]
Tang and Liew, ‘Constructive Trusts in Malaysia: A Methodological Reappraisal’
ABSTRACT In recent times, Malaysian courts have resorted to a ritual incantation of unconscionability and the notion of a remedial constructive trust to justify a declaration of a constructive trust. This methodology for approaching constructive trusts is unhelpful and has led the law to develop in an unprincipled and unpredictable fashion. Our central thesis is […]
Stephen Pethick, ‘A New Theory of Privacy’
ABSTRACT Apparently, privacy is a concept in disarray-no-one can agree what it is. Yet one answer has been largely overlooked: privacy is freedom from intrusion. In this paper I argue the merits of this account, showing that existing proposals suffer in comparison for failing to attend carefully, or at all, to the distinction between what […]