Monthly Archives: August, 2024
Omid Eliott Yeganeh, ‘Tort and Punishment’
ABSTRACT This article charts the relationship between tort liability and punishment. It draws on a conventional understanding of tort enjoined with a systematic account of punishment to argue that the central case of tort liability amounts to punishment. In doing so, the article challenges received wisdom that punishment is a marginal feature of tort law. […]
‘Professor Keating’s Third Way’
Gregory C Keating, Reasonableness and Risk: Right and Responsibility in the Law of Torts (2022). In discussing tort theory, Professor Gregory Keating sometimes refers to a ‘third way’. By this, I take him to mean an approach to tort theory different than, and drawing from, the two major ways of explaining and/or justifying tort law. […]
Robert Brauneis, ‘Copyright and the Training of Human Authors and Generative Machines’
ABSTRACT There are many limitations on copyright of which human authors can and do take advantage as they are learning. However, there is no blanket fair use immunity for use of copyrighted works to educate human authors, even though those authors typically do not go on to create substantially similar works. Human authors typically end […]
Emmanuel Sani, ‘International Contractual Obligations and the Limits of Parties Autonomy in their Choice of Jurisdiction and the Applicable Law’
ABSTRACT The courts in Nigeria recognises the freedom of parties to contract, which is hinged on the principle of party autonomy. It presupposes that parties to an international contract are at liberty choose the law to govern their contract, and also select the forum or jurisdiction where any dispute that arises from the contract will […]
Victoria Haneman, ‘The Law of Digital Resurrection’
ABSTRACT The digital right to be dead has yet to be recognized as an important legal right. Artificial intelligence, augmented reality, and nanotechnology have progressed to the point that personal data can be used to resurrect the deceased in digital form with appearance, voice, emotion, and memory recreated to allow interaction with a digital app, […]