Monthly Archives: August, 2024
Samuel Bray, ‘The Purpose of the Preliminary Injunction’
ABSTRACT This Article explores a reshaping of the preliminary injunction that is occurring in the federal courts. A preliminary injunction is designed to be a ‘hold in place’ order, blocking actions by the parties that would undermine the court’s ultimate remedial authority. But the preliminary injunction is increasingly a device for accelerating the merits decision, […]
Myriam Hunter-Henin, ‘Religious Expression and Exemptions in the Private Sector Workplace: Spotting Bias’
ABSTRACT Courts tasked with ruling on religious freedom claims in the private sector workplace have been faced with the following challenge: too weak a protection of religious freedom and it will become meaningless; too strong, and individual freedom will be stifled. Recently, courts on each side of the Atlantic have, respectively, leant towards each of […]
Susan Altmeyer, ‘The Original Instagram – Whose Property is it?’
ABSTRACT When a worker creates a personal social media account and then uses it to promote their employer, courts differ as to whether subsequent use for the employer can operate as an implied transfer of the account to the employer when the employment relationship ends. Allowing an implied transfer flies in the face of traditional […]
Lawrence Friedman, ‘Work Accidents: A Drama in Three Acts’
In the early 1840s, Nicholas Farwell brought a lawsuit against his employer, the Boston & Worcester Rail Road. Farwell was an ‘engineman’ who earned two dollars a day. One day in 1837, he suffered an accident, was thrown to the ground, and the wheels of a railroad car passed over his right hand and crushed […]
Sandra Hadrowicz, ‘Natural Restitution in a Comparative Legal Perspective’
ABSTRACT Natural restitution is one of the permissible methods for remedying damage in numerous legal orders. However, this form of compensation is much less frequently used in practice than monetary compensation. While monetary compensation is a universally found method of reparation in major legal orders, the issue is more complex when it comes to natural […]
Muhammad Sarim Tahir, ‘Concept of Usurpation (Ghasab) and its Remedies in Islamic Law of Torts and its Remedies’
ABSTRACT In a well-functioning society, the dignity of every individual is upheld through the respect for their rights. Any violation of these rights can occur through various means. To address such violations, laws are established to clearly define what is permissible and provide avenues for redress. Courts play a pivotal role in administering justice, which […]
Jacob Noti-Victor, ‘Regulating Hidden AI Authorship’
ABSTRACT With the rapid emergence of high-quality generative artificial intelligence (AI), some have advocated for mandatory disclosure when the technology is used to generate new text, images, or video. But the precise harms posed by non-transparent uses of generative AI have not been fully explored. While the use of the technology to produce material that […]
Brandon Evans, ‘Better Together: Joint Authorship in Technicians’ Contributions to Sound Recordings’
ABSTRACT Music is a team sport. Like most art, it is often improved by collaboration. Contributions by the featured artist, backing musicians, songwriting collaborators, and even outside artistic influences can all play a large role in the final musical product. Another set of individuals also plays a considerable, and usually unseen, role in crafting a […]
Steven Miskinis, ‘The Return of the Excluded’
ABSTRACT A basic tenet of property theory is the superior efficiency of private property over forms of common ownership. The commons are, as Garrett Hardin famously said, subject to a tragedy of overuse and waste by co-users precisely because no one can stop the use and overuse by others. Private property triggers a right to […]
Block-Lieb and Halliday, ‘Less is More in International Private Law’
INTRODUCTION For nearly a hundred years, efforts to unify, harmonize or coordinate private law consisted of the drafting of a diplomatic convention that would enter into force once a specified number of countries had acceded to its terms. Conventions might look to regulate private interaction within a specified (substantive) issue area, or only specific (procedural) […]