Monthly Archives: November, 2024
David Atkinson, ‘Putting GenAI on Notice: GenAI Exceptionalism and Contract Law’
ABSTRACT Gathering enough data to create sufficiently useful training datasets for artificial intelligence and other purposes requires scraping most public websites. The scraping is conducted using pieces of code (scraping bots) that make copies of website pages. Today, there are only a few ways for website owners to effectively block these bots from scraping content. […]
Farque and Mahmud, ‘The Trajectory of the Shareholder Primacy within the UK Company Law Architecture’
ABSTRACT With a succinct summary of the various architectural features backed by authoritative and highly recognized commentaries, this paper attempts to clearly illustrate the fundamentals of UK company law as seen through the prism of the ‘Shareholder Primacy’ principle. This allows the doctrinal or legal argument to be made with clarity. This paper debunks the […]
‘Towards a Bundle of Duties – Shell v Milieudefensie Confirms Major Developments in Climate Change Liability’
This week’s decision in Shell v Milieudefensie from the Hague Court of Appeals seemed like a blow to climate litigation: Milieudefensie was ultimately unsuccessful in convincing the Court that it could transpose a global requirement for 45% emissions reductions by 2030 into an obligation for a particular actor or sector. Yet, the Court of Appeals […]
Kolawole and Ncube, ‘Rethinking Ownership, Power and Policy in Drug Patents: The Case for an Ubuntu-Infused Approach’
ABSTRACT The conceptualization of a proper approach to patent law, as it relates to drug patents and access to medicines, remains contested. This article joins the discourse by positing that an application of the communitarian approach of ubuntu to the might of human rights is a useful framing for normalizing equity-based interventions and would help […]
Bogle and Lindsay, ‘Serious harm: six lessons since Lachaux’
ABSTRACT This study investigates the operation of the serious harm test in England & Wales following the UK Supreme Court’s decision in Lachaux v Independent Print. From an examination of 85 subsequent cases, we identify six key lessons from the case law. We contend that as the intricacies of the serious harm test continue to […]
Michael Crawford, ‘The Riddle of the Good Faith Purchaser’
ABSTRACT A purchaser unwittingly buys stolen goods. The owner from whom they were stolen demands their return. The purchaser refuses. How should the law resolve their dispute? This article argues that the law’s primary objective in resolving disputes between owners and good faith purchasers should not be to achieve ‘justice’ between the parties but to […]
Shai Agmon, ‘The Moral Limits of What, Exactly?’
ABSTRACT While moral arguments for limiting market expansionism proliferate, a fundamental question has been left unanswered: the moral limits of what, exactly? Moral Limits of Markets (MLM) theorists tend to employ different terms – markets, putting a price tag, buying and selling – interchangeably and inconsistently to describe the phenomenon they are troubled by. I […]
Cortelyou Kenney, ‘The New Game Theory’
ABSTRACT Game theory and the legal system it models are deeply indebted to the idea of efficiency and efficient outcomes. A great many scholars use game theory to rationalize approaches used on efficiency not only to commercial transactions, but also the legal system writ large, including the tort law system and the criminal justice system. […]
Ann Luk, ‘Teaching intellectual property law today: testing the relevance of the “problem-based learning” method’
ABSTRACT How should intellectual property (IP) law be taught today? This is an important question due to the growth of IP as an academic subject over the past decades, reflecting its increasingly interdisciplinary reach and need to deal with novel questions of law. It will be argued that, while always applicable, the skills of interdisciplinarity, […]
‘Supreme Court clarifies “bad faith” trade mark law in Sky case’
Businesses must be specific about the goods and services they wish to obtain trade mark rights for when applying for those rights, if they want to avoid those applications being refused, according to a new ruling by the UK’s highest court … (more) [Pinsent Masons, 13 November 2024]