Monthly Archives: August, 2024
NeJaime and Joslin, ‘Multiparenthood’
ABSTRACT Family law conventionally treats parenthood as binary: A child has two, and only two, parents. These two parents possess all parental rights and responsibilities, which cannot be shared with others. Their status as parents remains fixed throughout the child’s life. Today, legislatures are explicitly challenging this view. Ten jurisdictions now have multiparent statutes, ie, […]
Aneta Wiewiórowska-Domagalska, ‘Lost in information – The Transparency Dogma of the Unfair Contract Terms Directive’
ABSTRACT ‘Lost in information. The transparency dogma of the Unfair Contract Terms Directive’ explores the transparency principle as developed by the Court of Justice of the European Union based on the Directive on Unfair Contract Terms in Consumer Contracts (UCTD). The EU consumer acquis is based on two assumptions: that of informational imbalance and the […]
Marija Ampovska, ‘European Union civil liability frameworks in the age of AI: Assessing current regimes and future prospects’
ABSTRACT This study intends to evaluate the suitability of the EU’s liability regimes in solving AI-related concerns by carefully examining the current legal environment. It also examines the consequences and viability of using these frameworks to consider the special features of AI technology. Furthermore, the article offers insight into the growing nature of AI liability […]
Just Published: Free Movement of Legal Ideas – Towards a Dynamic Europeanisation of Private Law by Thomas Wilhelmsson
This book develops a new perspective on the debate concerning the Europeanisation of private law. It analyses the legal consequences of growing societal uncertainty and the increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns […]
Banks, Taylor and Goldblatt, ‘A lounge of one’s own: Art, gender, discrimination and the law’
ABSTRACT In this essay, the authors consider the recent discrimination law decision of the Tasmanian Civil and Administrative Tribunal in relation to the ‘Ladies Lounge’, an artwork by Kirsha Kaechele at the Museum of Old and New Art in Hobart. The article first considers the question of whether there was unlawful direct discrimination before turning […]
Yuvaraj and Kariyawasam, ‘The Inventive Step Requirement and Artificial Intelligence in Australian Patent Law: Time for a Rethink?’
ABSTRACT This paper analyses the reasoning of the Federal Court of Australia in its decision to recognise an artificial intelligence as capable of being considered an ‘inventor’ under Australian patent law. It concludes that the inventive step requirement, in Australian and UK patent statutes, does not preclude non-humans from being labelled ‘inventors’ for patent applications. […]
Rochelle Cooper Dreyfuss, ‘Trade Secrets and Deep Secrets’
ABSTRACT Unlike other IP law, trade secrecy protection lacks an express cutoff point. Instead, exclusivity ends through independent invention, reverse engineering, and in reliance on defenses that shield certain types of disclosure from liability. But as trade secrecy claims have become more popular, it has become clear that there is information that is not revealed […]
Francesca Palmiotto, ‘The AI Act Roller Coaster: How Fundamental Rights Protection Evolved in the EU Legislative Process’
ABSTRACT Artificial Intelligence (AI) represents one of the biggest challenges to fundamental rights protection, a concern the European Union (EU) is actively addressing through regulatory initiatives like the AI Act and the AI Liability Directive. Within EU institutions, however, visions on the nature of such a challenge and the appropriate framework it should be dealt […]
Rachael Walsh, ‘Common Good Constitutionalism and the Individual – A Property Perspective’
ABSTRACT This paper probes the position of the individual, and of their interests and rights, within a common good constitutionalism framework. To do so, it draws on long-running debates within property law and theory concerning the relative priority to be afforded to the individual and to the common good, with many of the concerns of […]
Massimiliano Vatiero, ‘The “Dark Side” of Smart Contracts: A Contract Theory Perspective’
ABSTRACT Smart contracts govern transactions using the blockchain as the enforcing medium. They may be a cheaper form of governance of transactions compared to traditional contracts, the hierarchy of firms, and relational contracts. However, I argue that smart contracts do not eliminate transaction costs; rather, they can increase them, particularly when considering the issue of […]