Monthly Archives: August, 2024
Huang and Xi, ‘Does Generative AI Copy? – Rethinking the Right to Copy Under Copyright Law’
ABSTRACT Copyright-regulated reproduction should encompass both technological and economic elements. The technological element, which means the generation of a reproduction, determines whether a certain act constitutes reproduction. The economic element, which means the potential for public distribution and undermining copyright owners’ incentives by the generated reproduction. We not only delineate the boundary of copyright-regulated reproduction […]
Jon Garon, ‘Prometheus’ Digital Fire: The Civic Responsibilities of Artificial Intelligence’
ABSTRACT Artificial Intelligence (AI) has transformed the technological landscape and impacted almost every field of endeavor. Predictive AI can help science and industry understand trends in vast amounts of data, create biometric identification systems, and improve business efficiency. Generative AI enables apps to create new documents, music, images, and designs. These and other forms of […]
Contractual Relations: NYU London, 16 October 2024
In celebration, cerebration and circumbilifabulation of David Campbell’s recent treatise, a colloquium of commentaries, criticisms and coruscations to be held on 16 October 2024 at NYU London, room 348, at the new site, 265 Strand (next to LSE and the Royal Courts) … (more)
Guanghua Yu, ‘The Idea of Private Law: A Communitarian version of Kantian Rights’
ABSTRACT This Article begins with the introduction of two competing schools in private law. One school claims that private law is to achieve efficient resource allocation or wealth maximization. The other school follows the bipolar structure of corrective justice with the assistance of the Kantian theory. While each side is very strong and elegant, neither […]
Christopher Arvidsson, ‘Quistclose trusts and green projects’
ABSTRACT This article analyses the relevance of Quistclose trusts in a situation in which lenders make green finance available to borrowers for environmentally sound and sustainable projects. This examination highlights how a transaction can be structured to increase the likelihood of such a trust being recognised. This article will also consider green loans (as defined […]
Liwen Tu, ‘Why Binding Precedent Does Not Belong in Arbitration’
ABSTRACT This essay explores the contentious issue of applying the doctrine of precedent in international arbitration, arguing that its integration could diminish arbitration’s core advantages such as flexibility, party autonomy, and confidentiality. Through a detailed examination, the essay discusses how the inclusion of precedent might lead arbitration to mimic litigation’s rigidity, potentially undermining its appeal […]
Guttel and Procaccia, ‘The Laws of the Unreasonable Victim: Care, Mitigation, and Strategic Deferral’
ABSTRACT In the domain of negligence – tort law’s dominant liability regime – victim behavior is the subject of two central doctrines: contributory negligence and mitigation of damages, regulating pre-harm and post-harm behavior, respectively. This Article demonstrates that, contrary to prevalent claims about the identical function of the two doctrines, each contends with a different […]
Kellen Funk, ‘Sect and Superstition: The Protestant Framework of American Codification’
ABSTRACT Elite lawyers who debated codification in the nineteenth-century United States treated codification as inseparable from a liberal Protestant textualism that had taken hold in the early national era. Legislators declared codification to be the necessary final step of the Protestant Reformation and frequently characterized common law lawyers as beholden to ‘superstition’ and ‘priestcraft’. Their […]
‘The Wealth Planning Climate’
Trace Brooks, ‘Incorporating Social Justice and Environmental Sustainability into Estate Planning Through Conservation Easements’, 49 ACTEC Law Journal 1 (2023); Carla Spivack, ‘Estate Planning for the Apocalypse’, 49 ACTEC Law Journal 85 (2023). Climate change and environmental justice are topics that thread through and are pushing the boundaries of legal inquiry in multiple doctrinal areas. […]
Hoffman and Swedloff, ‘Insurers as Contract Influencers’
ABSTRACT Contract boilerplate degrading consumers’ litigation options is omnipresent, but a little mysterious. And that’s not just because no one reads it. We know that terms mandating arbitration, exculpating liability, requiring individualized litigation and shifting risk have proliferated in the last generation. But consumer contracts’ production and efficacy has been understudied. We bring to bear […]