Monthly Archives: March, 2025
Megan Prictor, ‘Saving trouble, saving time: the role and impact of healthcare consultation recordings in Australian legal proceedings’
ABSTRACT Healthcare professionals have long expressed concern about their exposure to litigation if they allow consultations to be recorded. There has been little evidence available as to the validity of this concern. To address this gap and to inform policy and practice, this study examined 46 cases decided by Australian courts. It focused on the […]
Carr and Halliday, ‘Reforming the Public and Private Law of the Tenement’
ABSTRACT This article critically examines the law of the tenement in Scotland, encompassing both its private and public law dimensions. Traditionally regarded as a domain of private law focused on individual owners’ property interests, the law, through statutory intervention, has evolved significantly over a long period of time, augmenting the role of local authorities, granting […]
Mondal and Banerjee, ‘Copyright under the Regime of Artificial Intelligence: Redefining Creativity’
ABSTRACT Nowadays every creative sector is seeing an increase in the use of intelligent software and mobile applications. The use of Artificial Intelligence (AI) in social and cultural sectors has been drastically increased in all over the world including India. Modern development of AI technology has shown that human beings are no longer indispensable for […]
Florian Martin-Bariteau, ‘Regulating Autonomous Systems in Canada’
ABSTRACT While promising considerable benefits, recent developments in artificial intelligence (AI) add to the challenges faced by modern societies, their citizens, and their legal frameworks. Often governed by obscure algorithms, AI raises multiple legal, political, and ethical issues, from the effectiveness of law in the face of autonomous systems, to the development of frameworks to […]
Feldman, Kaplan and Smith, ‘Motivating Equity’
ABSTRACT This Article offers a novel perspective on the distinction between law and equity, challenging the prevailing consensus that favors their fusion. Drawing on insights from behavioral science and compliance theory, we propose that the separation of law and equity serves a crucial function by allowing for nuanced messaging that can enhance overall compliance with […]
Valerie Gutmann Koch, ‘Physician Liability for Genetic Risk-Based Prescription Decisions’
ABSTRACT The introduction of AvertD, a genetic test to assess an individual’s risk of developing opioid use disorder, will expose physicians to liability. Critics of the test argue that the test itself is unreliable, often resulting in false positives, which will lead to potential undertreatment of pain, and false negatives, which will lead to inappropriate […]
Joseph Padjune, ‘A Constructive Trust is Not Enough – Enacting a Slayer Statute to Better Protect a Decedent’s Heirs’
ABSTRACT This Comment explores how Texas’s common law constructive trust solution used to address the ‘slayer problem’ (the problem that occurs when a person kills an individual they would inherit from) has some substantial limitations and explains how this system would be enhanced by enacting a complementary slayer statute. The current constructive trust doctrine fails […]
Ferreira and Gromova, ‘The Bossware Era and the e-Panopticon: Current Technologies and Legal Challenges’
ABSTRACT This article comprehensively examines technologies used to monitor employees, highlighting their potential impact and the need for clear boundaries in all work formats. Drawing on Michel Foucault’s concepts of power, technology, and labour relations, the authors introduce the e-panopticon to analyse prevalent bossware solutions, scrutinizing their terms of use and monitoring functionalities. The paper […]
Allen and Rothman, ‘Postmortem Privacy’
ABSTRACT Since their inception in the late nineteenth century, privacy rights have been widely understood to terminate with a person’s death. The ‘no-privacy-rights-for-the-dead’ doctrine has been repeated for nearly 130 years. As demonstrated in this Article, the reality on the ground deviated from this common pronouncement even early on. The divergence is so great today […]
Seema Kakade, ‘A Contractual Relationship with Environmental Justice’
ABSTRACT While corporations have long grappled with environmental issues, environmental justice is different. Corporations regularly manage compliance with environmental permits over a polluting facility’s long lifespan. Justice issues, however, are a fast-growing space for corporations as they wrestle with employee, government, customer, and public demands to step up for the communities that are directly impacted […]