Monthly Archives: January, 2025
Jessica Hudson, ‘The Proper Purpose Rule: Preventing Law’s Intentional Abuse’
ABSTRACT The Bicentenary of the Supreme Court of New South Wales is an opportunity for reflection and celebration of 200 years of the continuity of the rule of law in New South Wales. In service to that ongoing commitment, this paper examines the equitable doctrine of fraud on a power, increasingly referred to as the […]
Max Helveston, ‘Reining in Commercial Exploitation of Consumer Data’
ABSTRACT The collection and use of consumer data by commercial entities has quickly transitioned from being an obscure topic to a headlining issue in leading media outlets. The burgeoning societal awareness of how digital devices are collecting and transmitting data about individuals has led to growing concerns about how this information is being used, stored, […]
Parisi and Luppi, ‘The Multiplication Effect of Third-Party Liability’
ABSTRACT In real-world tort situations, accident probability is often influenced by external factors that are beyond the injurers and victims’ control. Standard economic analyses of tort law typically treat these factors as exogenous to the model, focusing on the primary incentives of injurers and victims. In this paper, we show that when accident risks are […]
Annalisa Savaresi, ‘Verein KlimaSeniorinnen Schweiz and Others v Switzerland: Making Climate Litigation History’
ABSTRACT This case note examines the landmark judgment issued by the European Court of Human Rights regarding the complaint brought by the NGO Verein KlimaSeniorinnen Schweiz and four individual applicants against Switzerland. It explores the groundbreaking nature of this judgement and its broader implications for climate change litigation at the national, regional, and international levels. […]
Thomas Riis, ‘A model of “rough justice” for internet intermediaries from the perspective of EU copyright law’
ABSTRACT Internet intermediaries’ content moderation raises two major problems. The first relates to the accuracy of the moderation practices, which is an issue on whether the intermediaries over-enforce or under-enforce. The second problem concerns the inherent privatization of justice that results when enforcement of rights is left to a private party. The purpose of the […]
Ana Mercedes Lopez Rodriguez, ‘Class Action in the EU: Lessons From Mixed Jurisdictions’
ABSTRACT Class actions enable consumers to take collective action against wrongdoing by businesses, which individual consumers may not find affordable or worthwhile. One of the drivers of the success of class actions has been the availability of funding to litigants. Along with these benefits come risks of abuse of the legal process. This article discusses […]
Johannes Fritz, ‘Understanding authorship in Artificial Intelligence-assisted works’
ABSTRACT The advent of generative Artificial Intelligence (AI) has brought about a significant shift in the way works are created, with the blurring of boundaries between human and machine-driven creation processes becoming a prominent challenge. This leads to the question of whether authorship in such works exists and, if so, whom it should be attributed […]
Ethan Schwab, ‘How Safe Is Safe Enough? Analyzing the Incentive Structure of the Products Liability Scheme on Commercial Aviation Manufacturers’
ABSTRACT How do aviation manufacturers work to prevent tragedy? After tragedy strikes, how does the legal system’s imposition of a remedy change the operations and decision-making of these manufacturers, if at all? This Note explores whether the current products liability framework effectively achieves the goals of tort law – including whether it deters unsafe innovation […]
Citera and Steiner, ‘Prescription for Failure: Public Nuisance Claims Against the Opioid Industry’
ABSTRACT Opioids have been used both medicinally and recreationally since ancient times. While their recreational functions have long since been denounced, their medicinal value remains legitimate. Yet, since the pain management revolution began in the mid-1990s, many Americans have become opioid-dependent – fueling an illicit drug market and costing many lives. The tragedy that is […]
Roger Colinvaux, ‘The Legality of Charitable Remedial Discrimination’
ABSTRACT The Article considers whether a charity may engage in affirmative action by using race or other identity-based criteria in providing charitable assistance. In a groundbreaking ruling, American Alliance for Equal Rights v Fearless Fund, a divided panel of the Court of Appeals for the 11th Circuit forced a charity to stop awarding grants to […]