Monthly Archives: September, 2024
Dubé and others ‘The Intended and Unintended Consequences of Privacy Regulation for Consumer Marketing: A Marketing Science Institute Report’
ABSTRACT In an era where firms are innovating and using more data than ever before for marketing purposes, there is a perceived need for enhanced regulation to protect consumers’ privacy. We provide a perspective based on the academic marketing literature that evaluates the various benefits and costs of existing and pending government regulations and corporate […]
Vitoria Maturana de Britto, ‘The Social Function of Copyright’
ABSTRACT This thesis deals with the need to recognize a balance between the individual rights conferred on authors in the copyright system and the common interests of society. It investigates the application of the social function to copyright. In this sense, this theory indicates that no individual right should be considered absolute and that there […]
Blake Ellis Reid, ‘What Copyright Can’t Do’
ABSTRACT Copyright has become a powerful regulatory regime for modern American life. Copyrighted works, including text, images, video, sounds, music, and software, coupled with routine, frictionless copying, form a large part of the information, cultural and social context, and infrastructure of our increasingly digital society. This positions copyright law’s powerful remedies to intervene in a […]
Ilya Somin, ‘The Presumptive Case for Organ Markets’
ABSTRACT The debate over legalizing organ markets has gone on for years, and the basic arguments are well-known. This chapter recasts the issue by emphasizing not just the nature, but the enormous magnitude of the considerations weighing in favor of legalization: saving tens of thousands of innocent lives, preventing prolonged suffering for many thousands more […]
Willey, Tran, Hinkle and Matthews, ‘Visual Contracts in US Courts’
ABSTRACT Visual contracts are what they sound like: contracts that use graphic elements and text to convey the meaning of an agreement. The visuals can include diagrams, cartoons, maps, flowcharts, timelines, and more. Other scholars have detailed many of the benefits of visual contracts and their adoption has become increasingly common outside the US, with […]
Anne-Grace Kleczewski, ‘The Good, the Bad and the Ugly: The Private International Law, the Crypto Transactions and the Pseudonyms’
ABSTRACT Private International Law (PIL) is expected to provide answers to questions that condition the very possibility of effectively extending law enforcement into the realm of blockchain-based transactions. A prerequisite thereto is determining the applicable law and the competent authorities. To identify the applicable law, it is thus necessary to refer to conflict-of-law rules. However, […]
Anat Alon-Beck, ‘Delaware Beware’
ABSTRACT This article conducts an in-depth exploration of the dynamic competition among states to attract businesses and determine the legal framework governing corporations. It adopts an innovative market-centric viewpoint, treating corporate law as a product within the broader context of charter competition among US states. While the scholarly spotlight has predominantly shone on publicly traded […]
Kit Barker, ‘Insured Punishment: Lamb v Cotogno’
ABSTRACT This piece examines the potentially paradoxical question of whether it is (or should be) possible for a wrongdoer to insure himself or herself against an award of punitive damages. It does so through a detailed examination of the curious case of Lamb v Cotogno, decided by the High Court of Australia in 1987, in […]
Aditi Bagchi, ‘Contract as Exchange’
ABSTRACT Most people agree that the institution of contract serves autonomy – or it should. But how? Philosophical theories of contract link contract and autonomy by way of an appealing intermediate principle such as the authority of the individual will, promissory morality or conventions of agreement. However, each of these theories is focused on the […]
Sylvia Lu, ‘Regulating Algorithmic Harms’
ABSTRACT In recent years, the rapid expansion of artificial intelligence (AI) innovations has led to a rise in algorithmic harms – harms emerging from AI operations that pose significant threats to civil rights and democratic values in today’s technological landscape. A facial recognition system for improving criminal detection wrongly collected sensitive personal data and flagged […]