Monthly Archives: January, 2025
Dahl, Magesh, Suzgun and Ho, ‘Large Legal Fictions: Profiling Legal Hallucinations in Large Language Model’
ABSTRACT Do large language models (LLMs) know the law? LLMs are increasingly being used to augment legal practice, education, and research, yet their revolutionary potential is threatened by the presence of “hallucinations”—textual output that is not consistent with legal facts. We present the first systematic evidence of these hallucinations in public-facing LLMs, documenting trends across […]
Michael Law-Smith, ‘The Tort of Malicious Prosecution: A Principled Account’
ABSTRACT This article provides a justification for the often-criticized tort of malicious prosecution. It begins by discussing the Supreme Court of Canada’s malicious prosecution caselaw and by reconstructing the Court’s expressed policy-based account of the tort. This policy-based account raises three concerns: (1) it renders the malice standard arbitrary, (2) it fails to explain why […]
Naivi Chikoc Barreda, ‘Jurisdiction over cross-border employment contracts in Canada and its implication for teleworking’
ABSTRACT The expansion of various forms of remote work has become a reality worldwide. This trend raises the question of whether the current regime of territorial competence in cross-border employment litigation adequately addresses the challenges arising from digitalization of work in the global market. This chapter examines the Canadian Private International Law rules on jurisdiction […]
‘The Doctrine of Public Policy and Discrimination in the Private Law: A Small Light in an Era of Darkness’, Jane Thompson, Zoom, 17 January 2025
The next session of the Tort Law and Social Equality Project Speakers Series takes place on Friday, January 17 at 12:00-1:30 pm EST over Zoom. Jane Thomson of the University of New Brunswick Faculty of Law will speak on the invalidation of discriminatory wills and trusts as contrary to public policy. She will speak for […]
Zvi Rosen, ‘The Steamboat Willie Smokescreen’
ABSTRACT In my article Who Framed Mickey Mouse I argue that The Walt Disney Company’s role in copyright term extension in 1998 – although real and substantial – has been seriously exaggerated by opponents of copyright term extension. In this shorter piece I wanted to explicate on a related point, which is the degree to […]
Niva Elkin-Koren, ‘Back To The Future: Navigating The Copyright/Contract Interface In The Generative AI Era’
INTRODUCTION … In a series of articles, Samuelson developed a framework for addressing these issues, proposing principles to guide courts in determining when copyright should override contractual restrictions. In essence, she argued that mass-market license restrictions, which undermined the core objectives of copyright policy, should be overridden. This straightforward principle, guided by copyright fundamentals, offers […]
Clare Davidson, ‘Cultivation and Commodification: Regulating Gendered Status and Settler Colonial Title to Land’
ABSTRACT The processes by which settler colonial rights to manage land were assigned to legal persons were structured by the South Australia Act 1834 and the Real Property Act 1858. Colonial corporations – including the Crown – managed land and natural resources by regulating how rights were held by the family as a gendered, property-holding […]
Taorui Guan, ‘Collaborative Protection of Intellectual Property’
ABSTRACT What constitutes the optimal approach to intellectual property (‘IP’) protection? The mainstream method, prevalent in many countries, including the United States, is a court-centric model. In contrast, in response to heightened international innovation competition, China adopted an expansive collaborative protection model. This groundbreaking approach extends beyond governmental bodies, such as courts and administrative agencies, […]
Zhaoyi Li, ‘Artificial Fiduciaries’
ABSTRACT The rapid development of technology in the last decade has affected all levels of society. Corporate governance has not been immune to these changes. In the future, Artificial Intelligence (‘AI’) fiduciaries may be technologically capable of serving as independent corporate directors. This could be an effective way to address the challenge of the absence […]
Jessica Kiser, ‘Of Marks and Markets: An Empirical Study of Trademark Litigation’
ABSTRACT Trademarks are increasingly valuable assets, and some companies aggressively enforce and protect these assets. Such aggressive tactics can harm small businesses and chill creativity and speech, but trademark owners are routinely told that the law requires them to stop all similar third-party trademark usage or risk abandonment of their rights. While prior scholarship has […]