Monthly Archives: January, 2025
Michael Birnhack, ‘In Defense of Privacy-as-Control (Properly Understood)’
ABSTRACT Privacy-as-control (‘PaC’) is one of the dominant conceptions of privacy. PaC means that each person should be able to decide for themselves whether to disclose personal data to another person, company, or the state, when, how, and under which conditions. PaC is translated into operational mechanisms, namely Fair Information practices (FIPs). In practice, we […]
Perzanowski and Fagundes, ‘How Intellectual Property Ends’
ABSTRACT Intellectual property rights, unlike rights in land and chattels, come to an end. Despite the doctrinal complexity and practical significance of IP’s terminal mechanisms, scholarship has scarcely focused on them, and none has analyzed these doctrines as a unified field. As a result, the discourse around IP’s terminal doctrines remains impoverished, with courts, legislatures, […]
‘Property And Propriety (Or A Well-Ordered Society)’ (Brigham-Kanner Property Rights Conference Journal)
Propriety Redux (Gregory S Alexander) Commodity’s Propriety (Carol M Rose) The Roberts Court: ‘Lockeing’ in Property Rights and Regulatory Takings through History and Tradition (James Burling) Equity’s Role In Defining Property Rights (Samuel L Bray) Liability for Government Dereliction: Equity and Property Rights (Timothy Sandefur) The Takings Blunderbuss: From Pennsylvania Coal to Dobbs (Michael Allan […]
Elettra Bietti, ‘Data is Infrastructure’
ABSTRACT Data is a contextual phenomenon. It reflects the social and material context from which it is derived and in which it is generated. It embeds the purposes, assumptions and rationales of those who produce, collect, use, share and monetize it. In the AI and digital platform economy, data’s role is primarily infrastructural. Its core […]
Megalla and others, ‘A Comprehensive Analysis of Malpractice Claims Following Management of Hip Fractures’
ABSTRACT Background: Hip fractures are highly prevalent and associated with significant morbidity and mortality. As a result, orthopedic surgeons treating these patients may find themselves subject to malpractice claims. Therefore, this study aimed to provide a comprehensive analysis of malpractice claims related to hip fractures. Materials and Methods: The Westlaw legal database was queried for […]
Laster and Bernlohr Maizel, ‘Discovery as a Compliance Problem’
ABSTRACT Discovery in a commercial case can become a quagmire. Lawyers have an ethical obligation to advance their clients’ interests, and for litigators, the prevailing conceptual model is zealous advocacy. A lawyer’s personal incentives align with that conceptual model, because lawyers benefit by going the extra mile to please a client, to justify a fee, […]
Makridis and others, ‘The Future of Intellectual Property: The Complementary Role of Artificial Intelligence and Blockchain’
ABSTRACT The proliferation of generative artificial intelligence (AI) tools creates many opportunities, but also challenges for the maintenance and cultivation of intellectual property. In particular, an open question is whether the user generated output of generative AI is eligible for a patent or trademark. Recognizing the growing complexity and breadth of information that has already […]
Borg-Barthet and Farrington, ‘The EU’s Anti-SLAPP Directive: A Partial Victory for Rule of Law Advocacy in Europe’
ABSTRACT Strategic Lawsuits Against Public Participation or SLAPPs are abusive lawsuits which have the purpose or effect of suppressing public participation. This Article considers the peculiarities of this form of ‘strategic litigation’ and takes stock of developments in the European Union to combat SLAPPs, noting that while the adoption of an Anti-SLAPP Directive represents an […]
Iain Field, ‘Uncommon And Unordinary: An Australian Perspective on the Fearn Decision’
ABSTRACT The decision of the United Kingdom Supreme Court in Fearn v Board of Trustees of The Tate Gallery is significant for various reasons. Of particular concern for some is the Court’s unanimous agreement that ‘intense visual intrusion into someone’s domestic property is capable of amounting to a [private] nuisance’. But the judgment is also […]
Paula Giliker, ‘Protecting Privacy through the Tort of Private Nuisance: Fearn v Tate Gallery in the UK Supreme Court’
ABSTRACT This article examines the UK Supreme Court’s decision in Tate Gallery from the perspective of privacy protection. It asks the question: why did the Supreme Court deal with the case as one of private nuisance when the Court of Appeal determined the real issue to be invasion of privacy? In tracing the case from […]