Monthly Archives: February, 2025
John MacLeod, ‘Why Are The Wrongs Wrong? Scots Lawyers’ Approaches To Justifying Liability In Delict’
ABSTRACT Delict has long been recognised as a central category within Scots Private law. However, the reasons for characterising certain conduct as delictual and the justifications for treating it as a distinct taxonomical category have not been explored very thoroughly. These questions matter because matter because they tell us something about how delict relates to […]
Kacper Szkalej, ‘Copyright Liability and Generative AI: What’s the Way Forward?’
ABSTRACT This paper examines the intricate relationship between copyright liability and generative AI, focusing on legal challenges at the output stage of AI content generation. As AI technology advances, questions regarding copyright infringement and attribution of liability have become increasingly pressing and complex, requiring a revision of existing rules and theories. The paper navigates the […]
Senftleben, Szkalej, Sganga and Margoni, ‘Towards a European Research Freedom Act: A Reform Agenda for Research Exceptions in the EU Copyright Acquis’
ABSTRACT This article explores the impact of EU copyright law on the use of protected knowledge resources in scientific research contexts. Surveying the current copyright/research interface, it becomes apparent that the existing legal framework fails to offer adequate balancing tools for the reconciliation of divergent interests of copyright holders and researchers. The analysis identifies structural […]
Peter Fraser, ‘The Future of Law Reform’
… No organisation should, however, rest on its laurels. Complacency and basking in the reflected glow of your greatest hits – or in my case, given I became Chair just over a year ago, the greatest hits of the band before you became a member – is certainly not something that a reform commission should […]
Temitope Omotola Odusanya, ‘Understanding ownership and possession in Scottish law: distinguishing chalk from cheese’
ABSTRACT This paper undertakes a critical examination of the nuanced distinctions between the legal concepts of ownership and possession within the framework of Scottish law. Property law in Scotland has a solid foundation deeply rooted in Roman law and the legal comprehension and context of ownership and possession is fundamental to it. Analogous to the […]
‘Constructive Trusts – Beyond Box Ticking’
A very recent property blog concerned the case of Hudson v Hathway [2022] EWCA Civ 1648, and in this one we find ourselves returning again to the Common Intention Constructive Trust (CICT). Remember that this jurisdiction has developed principally (in the absence of any assistance from the legislature) as the courts’ response to relationship breakdown […]
‘Copyright in fictional universes’
From the final frontier of Star Trek to the Lord of the Rings’ Middle Earth, fictional universes are one of the most important and decorated parts of creative fiction. However, how does the law treat these worlds? Can there be such a thing as a fictional universe copyright or is it fiction in of itself? […]
Ilana Kruchenetskaya, ‘“Split My Award with Whom?” A Case for Plaintiff Incentive Awards and Plaintiff-Attorney Fee Splitting in Class Action Lawsuits’
ABSTRACT Named plaintiffs are the heart of class action lawsuits – without them, there is no class action. To motivate these individuals to be the face of the class and compensate them for their role in the litigation process, courts typically approve named plaintiff incentive awards when such awards are included in settlement offers. Recently, […]
Samuel Beswick, ‘The Cause of Action in Ahluwalia v Ahluwalia’
ABSTRACT Appeals in civil litigation are usually brought by the losing party: the party who did not obtain the outcome they sought. In this respect, the appeal to the Supreme Court of Canada in Ahluwalia v Ahluwalia might seem unusual. The appeal is being brought by a plaintiff who ostensibly won her tort claim in […]
University Assistant without Doctorate (Institute for European Tort Law)
Your Responsibilities: Writing a dissertation in the area of Civil Law; Participation in the institute’s third-party funded and other research projects in the field of comparative law (scientific focus: Comparative and European Private Law, Tort Law, English Law/ Common Law) at the Institute for European Tort Law of the Austrian Academy of Sciences and the […]