Monthly Archives: January, 2025
Kemp and Greenleaf, ‘Australia’s long-delayed privacy reform Bill – First instalment only?’
ABSTRACT At long last, Australia has a privacy reform Bill before Parliament, but it is a Bill that still omits most of the promised important reforms. In September 2023, three years after the process began to reform Australia’s Privacy Act 1988, the federal government responded to the 116 proposals made in the report by the […]
Stacy-Ann Elvy, ‘The Vehicle Monitoring and Collection Technology Era’
ABSTRACT Vehicle monitoring and collection (‘VMC’) technology, including starter interrupt devices that remotely disable vehicles, and other GPS tracking devices are used in consumer vehicle agreements in subprime transactions. Subscription-based models supported by VMC features, such as over-the-air software updates that remotely disable or enable vehicular functions, have also appeared in the non-subprime automobile context […]
24th Annual Conference on European Tort Law, Vienna, 24-25 April 2025
The 24th Annual Conference will be held in Vienna from April 24 to 25, 2025 in the Festive Hall of the Austrian Academy of Sciences (Dr Ignaz Seipel-Platz 2, 1010 Vienna). It provides a unique opportunity for both practitioners and academics to discover the most significant tort law developments from across Europe in 2024 … […]
Mandal and Agrawal, ‘Fiduciary duties in the climate context: Indian law with comparative notes’
ABSTRACT This article will discuss the fiduciary duties of directors under Indian laws to consider climate risk and work toward adaptation and mitigation. The second part of this article will briefly examine the effects of climate change on the Indian corporate landscape. Following this, the third part will analyze the Indian legal framework that governs […]
Zhao and Wu, ‘From Data Ownership to Data Sharing: A New Property Regime of Commercial Data in China’
ABSTRACT The substantial economic benefits embedded in commercial data have driven the rapid development of related industries within China’s big data sector, while also triggering disputes over the interests and benefits associated with commercial data. The current legal framework in China often applies intellectual property laws and anti-unfair competition laws to deal with disputes concerning […]
Helland and Klerman, ‘Contingent Fees and Access to Justice’
ABSTRACT Using a unique dataset from New York City, this article shows that contingent fees seem to have, at least partly, solved the access-to-justice problem in tort litigation. People in poorer zip codes, in fact, make legal claims at a higher rate than those in wealthier areas. This greater propensity to seek and achieve legal […]
Klerman and Bechtold, ‘Personal Property Servitudes Revisited’
ABSTRACT For nearly a century, scholars have debated whether personal property servitudes are valid. That is, can buyers and sellers of chattels write contracts that bind future purchasers? Buyers and sellers of real property can use covenants and equitable servitudes to bind future purchasers, but whether the same is true for personal property is controversial. […]
Thomas Cotter, ‘Wrongfulness as Disproportionality: Toward a Law-and-Economics Approach to Wrongful Patent Assertion’
ABSTRACT Nations throughout the world employ a variety of legal doctrines, including antitrust law, unfair competition law, and the abuse of rights doctrine, among others, to impose consequences for what can be characterized as the wrongful enforcement or assertion of patent rights. The present essay – to be published in an edited volume of papers […]
‘A Stepwise Approach to Copyright and Generative Artificial Intelligence’
Katherine Lee, A Feder Cooper and James Grimmelmann, ‘Talkin’ ’Bout AI Generation: Copyright and the Generative-AI Supply Chain’, Journal of the Copyright Society of the USA (forthcoming, 2024), available at SSRN (July 27, 2023). In order to understand whether generative AI may infringe copyrights, one must first have a sound grounding in the technical complexities […]
Stephen Ware, ‘Contracting Away Constitutional Rights in the United States: Adhesive Consent (Blanket Assent) to Arbitration and other Agreements’
ABSTRACT Law in the United States provides a constitutional right to a jury trial not only in criminal cases but also in many civil cases. However, parties often unknowingly trade away their civil jury rights in so-called ‘adhesion’ contracts the form contracts businesses present on a take-it-or-leave-it basis to consumers, workers, and others who typically […]