Monthly Archives: September, 2024
Michael Grynberg, ‘Trademarks as Comics’
ABSTRACT What can trademark law learn from comic art? This essay uses the comic book form to explore the question. Grynberg, Michael, Trademarks as Comics (August 15, 2024).
Christopher Boge, ‘The Concept of the Possession of the Land’
ABSTRACT Possession of land as a legal concept continues to confound, and perhaps it always will. On the one hand, it is a simple concept and primarily that is because it has a counterpart under a general conceptual scheme. It is the having of the land for oneself. On the other hand, it is misperceived […]
Csongor István Nagy, ‘Private International Law: A Hungarian Perspective’
ABSTRACT This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts. In the […]
‘District Court Enforces Hyundai’s Clickwrap Arbitration Clause Rolled Out in an Update’
John Tamburo sought to bring a class action against Hyundai Motor America Corporation (Hyundai) in connection with Blue Link and connected services. When he bought his Hyundai vehicle in 2017, Mr Tamburo agreed to certain terms and conditions relating to a Connected Services Agreement (CSA). According to those terms, Mr Tamburo agreed to the CSA […]
Stacey Steinberg, ‘The Myth of Children’s Online Privacy Protection’
ABSTRACT Digital technology has changed the landscape young people face as they come of age. It has changed how children interact with their parents, schools, community organizations, and the state. Despite many benefits, digital technologies that employ data collection, algorithms, and artificial intelligence pose significant risks for the next generation. Private businesses can collect, use, […]
Lloyd Brown, ‘Trustee personal liability for contaminated land remediation: the UK position’
ABSTRACT Part IIA of the Environmental Protection Act 1990 creates a liability risk for trusts and trustees. Trustees may indeed be found liable pursuant to Part IIA’s definition of an ‘owner’ of contaminated land. This definition includes trustees to avoid the situation of people evading liability by transferring affected land into trust funds. However, the […]
‘AI Misfeasance or AI Malpractice?’
Bryan H Choi, ‘AI Malpractice’, 73 DePaul Law Review 301 (2024). When a digital financial or medical advisor gives bad advice, when ChatGPT confabulates that a law professor committed sexual assault, when an autonomous weapon system takes action that looks like a war crime – who should be held liable? Bryan Choi’s excellent ‘AI Malpractice’ […]
Joel Nitikman, ‘Grin and bare it: the recent kerfuffle over bare trusts’
ABSTRACT Recent changes to the Canadian Income Tax Act have resulted in the concept of bare trusts coming under discussion. In this article, Joel Nitikman, KC explores the history, definition and details of the concept of a bare trust and concludes that a trustee may have significant powers and even numerous inherent fiduciary duties and […]
Halonen-Akatwijuka and Pafilis, ‘Who Should Own the Past?’
ABSTRACT We analyze ownership and location of cultural goods, modelled as public goods. We show that cross spillovers can give a rationale for removing one part of the cultural good to lower valuation host country under their ownership. We examine when restitution is optimal and what form it should take, ie whether restitution should be […]
‘Medieval theology has an old take on a new problem − AI responsibility’
A self-driving taxi has no passengers, so it parks itself in a lot to reduce congestion and air pollution. After being hailed, the taxi heads out to pick up its passenger – and tragically strikes a pedestrian in a crosswalk on its way. Who or what deserves praise for the car’s actions to reduce congestion […]