Monthly Archives: March, 2025
Adam Buick, ‘Copyright and AI training data – transparency to the rescue?’
INTRODUCTION Since the debut of ChatGPT in late 2022, the attention of policy makers around the world has been captured by generative Artificial Intelligence (AI) – that is, AI models that are capable of creating data such as text, images, audio or video content. Widely viewed as a technology with transformative potential, generative AI is […]
‘“Young promise” or just a consumer? CJEU in C-365/23 [Arce]’
Today the Court of Justice has delivered a truly remarkable judgment that I am eager to share with readers of this blog (available here, even though for now only in French and Latvian). The decision concerned a contract concluded between ‘A’, a professional in the business of offering career development services for sports talents, and […]
E Travis Ramey, ‘Wrongful Birth after Dobbs and the Limits of Tort Law in Areas of Dissensus’
ABSTRACT As the abortion debate has raged in this country, a secondary debate over wrongful birth has accompanied it. Wrongful birth is a medical-malpractice-like claim brought by parents who allege that a medical provider negligently failed to provide accurate information about the fetus and that had they received accurate information they would have terminated the […]
Call for Papers: ‘Land and Property Beyond the Centenary’, online, 16 May 2025
The centenary of the 1925 property statutes enacted in Westminster marks an opportunity to explore the legal history of land and property. We welcome papers relating to the following, non-exhaustive list of topics considering any jurisdiction, domestic or international … (more)
Call for Panels and Papers: ‘European Law Unbound: What Kind of Europe Can We Reach For?’: Charles University, Prague, 25-27 September 2025
The conference is titled “European Law Unbound: What Kind of Europe Can We Reach For?” and it aims to stimulate debate on the role law in addressing Europe’s massive challenges. Through the organization of this, and hopefully many more annual conferences, the new European Law Unbound Society aims to create an infrastructure to enable, through […]
Madec and Vasileiadou, ‘Understanding Legitimate Interest under the GDPR: A Study of the CJEU Case C-621/22 and the EDPB Guidelines’
ABSTRACT The Court of Justice of the European Union (CJEU) ruling in Case C-621/22 provides certainty regarding the possibility to qualifying commercial interests as legitimate interests under Article 6(1)(f) of the General Data Protection Regulation (GDPR). The CJEU enumerates the criteria that must be fulfilled and confirms that direct marketing falls under the notion of […]
Samuel Bray, ‘Preliminary Injunctions on a Blank Slate’
ABSTRACT Prior studies of the preliminary injunction have worked within the constraints of existing doctrine, including the traditional four-factor test. This Article relaxes the doctrinal constraints and offers a normative analysis of the preliminary injunction. It identifies three functions that the preliminary injunction can serve: protecting the court’s ultimate remedial options, previewing the court’s ultimate […]
Ayelet Gordon-Tapiero, ‘A Liability Framework for AI Companions’
ABSTRACT Every day tens of millions of people engage in online conversations. These virtual interactions range from casual chats about daily life to deeply personal exchanges, where individuals share secrets, vulnerabilities, sexual fantasies, hopes and dreams. Through these conversations users receive emotional support and empathetic responses, get practical advice and productivity tips. Most importantly they […]
‘Big Mass Arbitration Decision from the Ninth Circuit’
Skot Hellman and others (Plaintiffs) bought tickets to concerts promoted by Live Nation Entertainment, Inc. and Ticketmaster LLC (collectively Defendants). When they did so, they were provided with terms, which call for arbitration by New Era ADR (New Era). When Plaintiffs filed their putative class action in the District Court, the Defendants moved to compel […]
Mary Arden, ‘In whose interests should companies be run?’
This is one of the most contested questions in modern company law. In the UK it is usually answered by saying that companies must be run for the benefit of shareholders, but the recent decision of the UK Supreme Court – in BTI 2014 LLC v Sequana SA [2022] UKSC 25, [2024] AC 211 – […]