Monthly Archives: April, 2025
Veena Dubal, ‘Data Laws at Work’
ABSTRACT In recognition of the material, physical, and psychological harms arising from the growing use of automated monitoring and decision-making systems for labor control, jurisdictions around the world are considering new digital-rights protections for workers. Unsurprisingly, legislatures frequently turn to the European Union (EU) for inspiration. The EU, through the passage of the General Data […]
Ben Chester Cheong, ‘Bending the Arc of Law: Positivism Meets Climate Change’s Intergenerational Challenge’
ABSTRACT Catalyzed by the surge in climate litigation worldwide, this article examines the tension between the moral imperatives of intergenerational justice and the operational constraints of positivist legal frameworks. It hypothesizes that while positivist doctrine prima facie challenges judicial application of intergenerational justice principles, reconciliation is possible through contextually attuned adjudication and evolved conceptions of […]
Syed and Bracha, ‘A Law and Political Economy of Intellectual Property’
ABSTRACT Theories of intellectual property (IP) tend to come in two varieties: ‘normative’ theories that concern themselves with justifying (or not) IP rights, and ‘positive’ theories that focus on explaining the effects of such rights. Yet the distinction between these is far from airtight, since a positive analysis of effects is surely germane to many […]
Jan-Erik Schirmer, ‘Climate Liability: Causation and Duty Demystified’
ABSTRACT Around the world, plaintiffs exposed to climate harms or hazards are filing tort lawsuits against private corporations. Most legal experts argue that these lawsuits are dead on arrival because tort law is ill-suited to the problems posed by climate change. In this article, I try to prove the opposite. I will illustrate that causation […]
Nataliia Filatova-Bilous, ‘Data Contracts under Recent Developments of European Law: Novations and Paradoxes’
ABSTRACT The article analyses the most recent trends of data regulation in the EU and the peculiarities of data contracts. The latest regulations adopted or proposed in the EU set an access regime for data, which means that there is no exclusive owner of data, and data may be accessed and used by everyone participating […]
Hanoch Dagan, ‘Regulating Contracts, Strictly Speaking’
ABSTRACT This Essay integrates two ambitions: to defend a strict conceptualization of contract regulation and to highlight its justification and proper limitation. The concept of regulating contracts implies imposing on contract law a standard that is, in some sense, external to it, namely: one which is not part of what contract is, is supposed to […]
Ortal Isaac, ‘Lifesaving Care, Denied: Torts as a Tool in a Post-Dobbs World?’
ABSTRACT Across the post-Dobbs United States, reports of pregnant people arriving in hospital emergency rooms with infections as severe as sepsis, hemorrhaging or suffering from severe pregnancy complications that will only worsen with time have flooded the news. Even in states like California, which has some of the nation’s strongest abortion protections, some hospitals are […]
Christopher Buccafusco, ‘Copyrighting Style’
ABSTRACT Does copyright law protect an artist’s style? The federal courts that have considered the question are equally split. They all agree, however, that the answer to the question resides in copyright law’s idea/expression distinction. According to this doctrine, ideas, techniques, and methods cannot be copyrighted, but expressions of ideas can be. The question courts […]
Adam Hirsch, ‘Beyond Privity of Blood: Intestacy and Charity’
ABSTRACT When an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the possibility that some individuals wish to allocate part of their estates to charity. Drawing on empirical evidence, including data […]
Matthew Shapiro, ‘Litigation as Accommodation’
ABSTRACT As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public values it aims to serve. Public law employs a distinctive set of strategies for addressing that challenge: vesting institutional […]