Monthly Archives: December, 2024
Talia Gillis, ‘“Price Discrimination” Discrimination’
ABSTRACT Credit price personalization, where lenders set prices based on individual borrower and loan characteristics, is a common practice across many loan types. And conventional accounts of its harms focus on the ways in which risk-based pricing, or setting prices based on borrowers’ credit risk, can lead to disparities for protected groups like racial minorities […]
James Murray, ‘Towards a More Conventional Approach: Article 10 and Unfair Dismissal in England (Case Comment)’
ABSTRACT This case note considers the case of Aghajanyan v Armenia and gives comment on how it impacts protection for Article 10 Convention rights in the context of the employment relationship, with particular focus on how it might impact the development of the English law of unfair dismissal in the context of both current and […]
Fen Jiang and Hong Wu, ‘The world’s first case involving a generative artificial intelligence: Shanghai Xinchuanghua Cultural Development Co Ltd v AI Company (pseudonym)’
ABSTRACT Shanghai Xinchuanghua Cultural Development Co Ltd v AI Company (pseudonym) is the first in the world to render a judgment on whether a generative artificial intelligence service provider should bear copyright liability for the infringement of other people’s prior works by its generated content. The court ruled on the types of copyright exclusive rights […]
‘Can Private Law Protect Privacy in Today’s Economy?’
A few weeks ago, Carrie Goldberg, a online victims’ rights lawyer, visited my classroom. Students were attentive as she recounted her clients’ cases. Nude pictures of a victim disclosed to her work colleagues by a former boyfriend, child abuse on the site Omegle, several youth who died after buying suicide kits suggested to them on […]
‘Revising Forum Non Conveniens Through § 1404?’
I have written more than anyone probably should about forum non conveniens (FNC), but much of it boils down to some commonsense updating of the Gulf Oil factors: acknowledge the effects of changing technology, particularly on travel; require defendants to be specific about their evidentiary burdens; don’t overweight choice-of-law difficulties or docket congestion; don’t second […]
‘Torts in Antarctica: Lunn v Antarctic Logistics Centre and Rome II’
The case of Lunn v Antarctic Logistics Centre International (Pty) Ltd [2024] EWHC 1662 (KB) involved a British claimant who sustained injuries while working as an aircraft engineer on a Boeing 757 stationed at the Novo Airstrip, Queen Maud Land, Antarctica, operated by the defendant, a South African company … (more) [Manos Maganaris, Undergraduate Laws […]
‘Privacy Beyond Consent: Cofone’s Call for Privacy Torts’
In her seminal work on boilerplate contracts, Margaret Jane Radin distinguishes between World A and World B to illuminate the fundamental tension between contract theory’s ideals and modern contractual reality. World A embodies the classical paradigm: contracts emerge through meaningful negotiation between informed equals. Here, parties exercise genuine autonomy, carefully reviewing terms before signaling informed […]
Gary Myers, ‘A Comparative Analysis of Third-Party Litigation Funding in the United States and the United Kingdom’
ABSTRACT Third-Party Litigation Funding (TPLF), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff’s pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent-fee agreement, this type funding […]
Nadiyah Humber, ‘Corporate-tech Landlordism – The New Era’
ABSTRACT Corporate landlords buy single-family rental homes en masse and employ property technologies to execute fully automated transactions and tenant communication systems. The rapid emergence of corporate landlords is inseverable from the property technologies that power the practice. As such, corporate landlords using property technology to mass acquire and rent single-family homes is referred to […]
Samuel Goldberg, ‘Vicarious Liability for Equitable Wrongdoing’
ABSTRACT The concept of equitable vicarious liability will be unfamiliar to many Australian lawyers. Vicarious liability is of enduring significance in the law of tort but is rarely invoked in the context of equitable wrongdoing. Yet English courts are now comfortable applying vicarious liability to equitable wrongs, and recent dicta of the High Court of […]