Monthly Archives: November, 2024
Nhlanhla Sono, ‘Accession of Movables to Immovables: A Critical Analysis of USS Graphics (Pty) Ltd v Urban Print Factory (Pty) Ltd (30921/2019) [2023] ZAGPJHC 1119’
ABSTRACT This note critically analyses USS Graphics (Pty) Ltd v Urban Print Factory (Pty) Ltd (30921/2019) [2023] ZAGPJHC 1119 (14 February 2023). In this case the court had to determine whether a large Mitsubishi printing machine was permanently attached to the building it was housed in. The court held that the machine was not permanently […]
Domurath and Micklitz, ‘EU Digital Private Law: Tattering or New Beginning?’
ABSTRACT This article analyses the impact of the digital acquis on the regulation of market relations governed by private law. The hypothesis is that a new EU digital private law is emerging that deconstructs the existing EU private law acquis and paves the way for an emergent constitutional order of digital private law, which has […]
Cihat Börklüce, ‘Big Data Misuse and European Contract Law’
ABSTRACT The dynamics of contractual interactions have been evolving in recent years, as big data introduces new dimensions to previously conventional contracts. This development intensifies the information asymmetry between the dominant and vulnerable parties, posing increasing challenges for consumers and the entirety of European contract law. This paper offers three main contributions to this discourse. […]
Senftleben and Izyumenko, ‘Author Remuneration in the Streaming Age – Exploitation Rights and Fair Remuneration Rules in the EU’
ABSTRACT The transition from linear to on-demand consumption of music, films and other copyrighted content on platforms like Spotify, Netflix and YouTube has given rise to the question whether authors and performers receive a fair share of streaming revenues. While these revenues are substantial and right holders may have the opportunity to control access to […]
Felix Steffek, ‘Dispute Resolution Transformed by Technology’
ABSTRACT This conversation explores how technology changes the way disputes are solved. The focus is on the impact of artificial intelligence. After reporting on a competition, in which lawyers and an artificial intelligence competed to accurately predict the outcome of disputes before the UK Financial Ombudsman, the speaker explains how artificial intelligence is practically used […]
Nicola Lucchi, ‘ChatGPT: A Case Study on Copyright Challenges for Generative Artificial Intelligence Systems’
ABSTRACT This article focuses on copyright issues pertaining to generative artificial intelligence (AI) systems, with particular emphasis on the ChatGPT case study as a primary exemplar. In order to generate high-quality outcomes, generative AI systems require substantial quantities of training data, which may frequently comprise copyright-protected information. This prompts inquiries into the legal principles of […]
Cassandra Burke Robertson, ‘Optimizing the Litigation Funding Ecosystem’
ABSTRACT Litigation finance has become increasingly prevalent in the United States, yet its regulation remains fragmented and contested. This Article challenges the conventional wisdom that uniform federal regulation is the solution to the issues posed by litigation funding. Instead, it argues that targeted improvements to the existing legal ecosystem can enhance predictability and fairness without […]
O’Connell and Church, ‘No One Reads Privacy Notices. So Why Do We Have Them?’
ABSTRACT Under the GDPR, controllers must be transparent and provide individuals with details about the way in which they process those individuals’ personal data. This is typically done using a privacy notice. The transparency obligation is often described as being fundamental to the operation of the wider data protection framework. This article analyses the results […]
Kwan Ho Lau, ‘A call for clarity in contractual accessions to shareholder and partnership agreements’
ABSTRACT This paper explores understudied issues surrounding accessions to shareholder and partnership agreements: the process by which such accessions take effect; the survival of equities following an accession; and the enforcement of a condition for incoming shareholders to have to execute and deliver a deed of accession. Accessions happen extremely often in modern commercial life, […]
Michael Wells, ‘Compensatory Damages and Dignitary Harm in the Upcoming Restatement of Constitutional Torts’
ABSTRACT A new Restatement of Constitutional Torts, just getting underway, and the Restatement (Third) Torts (Remedies) now in draft, provide an opportunity to revisit issues that have lain dormant for decades. In particular, federal courts typically require constitutional tort plaintiffs to prove physical or emotional harm in order to obtain damages. That doctrine deserves re […]