Monthly Archives: November, 2024
Van Loo and Spier, ‘Foundations for Platform Liability’
ABSTRACT From spreading misinformation to selling deadly products, bad actors use technology platforms to their advantage while causing devastating harms to privacy, health, and even democracy. Despite their central role in enabling these bad actors, the platforms almost entirely escape liability. This legal immunity is purportedly grounded in economics. From the beginning, courts and legislatures […]
Adi Gal, ‘Human Remedies’
ABSTRACT Since its inception, the human rights movement has concentrated on rights, whereas remedies have remained peripheral. Human rights conventions, courts, and nongovernmental organizations have theorized, analyzed, and sought to internationalize rights, but remedies have been treated as an afterthought. While the human rights movement has taken a key position in international law, the possibility […]
Pier Giuseppe Monateri, ‘The Future of Comparative Law Quantitative Methods In Comparative Law: Navigating Legal Friction In The Age Of Algorithmic Justice’
ABSTRACT In this paper, we will explore the future of comparative law through the lens of the growing influence of quantitative methods and algorithmic justice in a world increasingly dominated by artificial intelligence. In recent years, the application of quantitative models in comparative law has taken on a central role, offering new insights into the […]
Marie-Louise Holle, ‘The Overlooked Role of Private Law: Channelling the Right to Prevention into Climate Litigation’
ABSTRACT There is a prevailing perception that climate case applicants (often civil society) are diverting judges from the path of positive law, steering them instead into an area of activist legal precedence rather than engaging with substantive law. This article argues that private law, in fact, plays a crucial role in climate litigation involving states […]
Riz Mokal, ‘The “Too Much Unfair Value” Approach to the UK Cramdown’
ABSTRACT What is rationality and what role does it play in the bargaining in which parties engage as part of a restructuring? Is the outcome of rational bargaining fair? And, incidentally, what does ‘fair’ mean? How does reasonableness differ from rationality, and what is its role in restructuring negotiations? What conceptions of rationality and of […]
David Wasserman, ‘Parental Liability for Prenatal Negligence?’, University of Toronto and Zoom, 15 November 2024
Our speaker will be David Wasserman of the Department of Bioethics at the US National Institutes of Health. David will speak on moral issues raised by parental liability for negligence causing prenatal injury to a fetus. He will speak for about 45 minutes after which there will be a Q&A period … (more)
Viktor Vanberg, ‘Spontaneous Order, Evolution and Common Law: Some Notes on FA Hayek’s System of Social Thought’
The ‘twin ideas’, as Hayek (1967a: 77; 1973: 23) calls them, of spontaneous social order and cultural evolution (Vanberg [1986] 1994) are at the core of his social thought, and they are closely connected with a theme that runs through his entire work: namely, the knowledge problem (Vanberg 2017). A spontaneous social order, paradigmatically exemplified […]
‘AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)’
Last month, Advocate General (AG) Szpunar issued his Opinion in case C-575/23, this being the first request for a preliminary ruling on the interpretation of Directive (EU) 2019/790. The referral, which originates from the Belgium’s Supreme Administrative Court [see The IPKat here on the national proceedings], concerns the interpretation of Arts 18 to 23, which […]
Dennis Crouch, ‘Using Intellectual Property to Regulate Artificial Intelligence’
ABSTRACT This Article examines the complex relationship between intellectual property (‘IP’) rights and the regulation of artificial intelligence (‘AI’). It advances two primary claims: First, while IP plays a role in guiding innovative behaviors in AI development, it does not serve as an effective mechanism for direct regulation of AI. This claim is based on […]
George Vojta, ‘Unanchoring’
ABSTRACT This Article introduces a novel litigation strategy plaintiffs’ attorneys use that inverts conventional practices: Unanchoring. Unanchoring takes two forms: (1) economic unanchoring, which suppresses the submission of economic damages to juries, and (2) plaintiff unanchoring, which shifts juries’ attention away from a defendant’s damage to the plaintiff and toward the defendant’s danger to society—and […]