Monthly Archives: February, 2025
Bloomfield and Gordon, ‘The Law and Economics of Resilience’
ABSTRACT The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have largely overlooked a set of externalities that lead firms across the economy to systematically underinvest in resilience, with macroeconomically harmful consequences. In this Article, we address this gap with a […]
Tosato and Odinet, ‘Crypto and the Property Question’
ABSTRACT Is crypto property? The proliferation of digital assets such as cryptocurrencies, stablecoins, memecoins, and NFTs has confronted legal systems worldwide with three interdependent challenges: determining whether they are property, identifying their appropriate classification within property taxonomies, and establishing rules for their circulation in commerce. Our Article addresses this tripartite question – the Property Question […]
Dignam and Canruh, ‘Into reverse: redesigning veil piercing’
ABSTRACT This paper considers the status of reverse veil piercing (RVP) in the UK courts and provides a framework for developing it in a coherent manner. It considers the recent emergence of RVP and then considers the concept of separability with regard to corporate personality and its impact on veil piercing. In doing so it […]
Jeanne Fromer, ‘First Ideas’
ABSTRACT We live in a world obsessed with firsts, in terms of accomplishments, creations, races, and milestones. At the same time, societal understandings of ‘first’ can obscure others who in fact came beforehand. This Article is about understanding the hold that the idea of ‘first’ has over intellectual property laws. It locates the roots of […]
Evans and Gardner, ‘The Future of Tort Law: Property, Technology, And Most Importantly, People: Reflections on Donal Nolan, Questions of Liability (Hart, 2023)’
ABSTRACT This Article reviews, reflects, and builds on, Donal Nolan’s Questions of Liability; a book made up of a collection of 12 of Nolan’s most influential pieces (and one new addition). In doing so, we adopt two themes; (1) we explore the ability of the law of tort, as advocated by Nolan, to adapt to […]
Amy Motomura, ‘The Inventorship Fallacy’
ABSTRACT The narrative of inventor as innovator is fundamental to patent law and has driven the development of inventorship doctrine. But that narrative is often false. Patent law uses the term ‘inventor’ to identify individuals in a wide range of circumstances, including when there has been no innovation at all. This Article exposes how inventorship […]
Daryl Lim, ‘Governing Generative AI’
ABSTRACT This Article paper explores the evolving landscape of copyright law in the age of generative artificial intelligence, dissecting the multifaceted challenges and opportunities it presents for creators, legal practitioners, and policymakers. Part I, ‘Governing Authorship’, delves into the existential questions AI poses to traditional notions of creativity and authorship, illustrating the tension between innovation […]
John Thomas, ‘Liberty and Property in the Patent Law’
ABSTRACT Unbound from technology, contemporary patent law now seems a more robust discipline. Modern patent instruments appropriate a diverse array of techniques that span the entire range of human endeavor. Patent claims, cut loose from physical moorings, have grown more abstract and oriented toward human behavior. We have yet to realize fully the consequences of […]
Horton, Weisbord and Ryan, ‘The Trust Transfer Problem’
ABSTRACT For decades, a single tactic has dominated American estate planning. By transferring assets to a revocable living trust (‘rev trust’), individuals can bypass the notoriously slow, expensive, and public probate system. But because rev trusts operate privately, there is no data on how well they function. This Article conducts the first empirical study of […]
‘Contract Law and the Unexpected’: University College London, 16 May 2025
Commercial parties face uncertainty on a regular basis. Their contracts provide for risks and events that might occur during their contractual relationship, including those that cannot be (fully) controlled by the parties, and whose nature is not easy to foresee or be captured by the contractual parties’ expectations. One possible way of addressing the uncertainty […]