Monthly Archives: November, 2024
Sabrina El Sabi, ‘Platform Economy and Its Impact on Vulnerable Digital Consumers. Rethinking the effectiveness of UCTD’
ABSTRACT The rapid proliferation of digitisation processes has exponentially increased the number of international online transactions, including business-to-business (B2B), business-to-consumer (B2C), platform-to-business (P2B) and platform-to-consumer (P2C) relationships. The unlimited economic potential of the Internet for commerce, enables the aggregation and globalisation of markets by offering new opportunities, while also requiring new forms of regulation of […]
Evans and Gardner, ‘The Future of Tort Law: Property, Technology and, Most Importantly, People: Reflections on Donal Nolan, Questions of Liability (Hart, 2023)’
ABSTRACT This piece reviews, reflects, and builds on, Donal Nolan’s Questions of Liability; a book made up of a collection of 12 of Nolan’s most influential pieces (and one new addition). In doing so, we adopt two themes; (1) we explore the ability of the law of tort, as advocated by Nolan, to adapt to […]
Sarah Paterson, ‘Private Equity in Distress and the Incentives of Collateralised Loan Obligations’
ABSTRACT This article explores the problem that both modern private equity (PE) firms, and collateralised loan obligation (CLO) lenders to PE portfolio companies, have incentives to avoid a formal restructuring of PE portfolio companies in financial distress. The author is concerned that this may lead to negative social costs for suppliers, employees, customers and even […]
Alexander Zhang, ‘Externalist Statutory Interpretation’
ABSTRACT The dominant paradigm of statutory-interpretation scholarship is an ‘internalist’ one. It treats statutory interpretation as a self-contained set of tools primarily deployed by lawyers and judges within the closed universe of courts. But as judges increasingly justify textualism by invoking a populist fidelity to ‘the people’, the internalist paradigm has proven too narrow to […]
Call for Papers and Panels: ‘A Century of Transformation – What should property legislation look like in 2125?’, Inner Temple, London, 10 April 2025
In 1925, a ground-breaking suite of property legislation revolutionised land law, simplifying transactions and laying the foundation for modern property dealings. Now, 100 years later, we’re reflecting on that pivotal moment, assessing its legacy and looking ahead to the future of property law. Join us at the landmark confirmation to celebrate the centenary of these […]
‘A Proposal to Save Property for Heirs of Decedents of Modest Wealth’
Danaya C Wright, ‘Trapped Between the URPTODA and the UPHPA: Probate Reforms to Bridge the Gap and Save Heirs Property for Modest-Wealth Decedents’, 127 Penn State Law Review 749 (2023). Although my law practice prior to entering academia focused on representing the uber wealthy, my recent interests focus more on preserving wealth in families of […]
Libby Newton, ‘Law school culture and curriculum: Correcting social justice drift’
ABSTRACT This article examines the problem of social justice drift among law students. The author discusses institutional measures to reverse this trend and identifies shortcomings of existing policies. Noting that the focus has been trained on expanding social justice-oriented curricular and extracurricular offerings, the author contends that mainstreaming social justice in the core curriculum of […]
‘Copyright, the AI Act and extraterritoriality’
The interaction between the AI Act (Regulation 2024/1689) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related provisions. […]
Sijie Lin, ‘Hiding From Generative AI’
ABSTRACT How does generative Artificial Intelligence (AI) change the behaviors of content creators? I investigate the effect of an AI image generator on artists’ incentives to publish artworks using data from an online art platform, DeviantArt. On November 11 2022, DeviantArt introduced a generative AI image generator into the platform and artworks on this platform […]
Yifat Naftali Ben Zion, ‘The Underlying Conceptions of Fiduciary Law’
ABSTRACT In a variety of familial, commercial, and professional contexts, the law imposes special duties on a person (the fiduciary) who has the power to act in the interest of another person (the beneficiary). The set of rules articulating these duties is known as fiduciary law. A clear delineation of the content and scope of […]