Monthly Archives: April, 2025
Sapna Singh, ‘Feeding The Algorithm: Legal Challenges In AI Training Data’
ABSTRACT Sustainable Development Goal 4 (‘SDG 4’) which aims to ‘ensure inclusive and equitable quality education and promote lifelong opportunities for all’. The Data Dilemma: How AI Models Learn AI is frequently discussed alongside machine learning (‘ML’) and deep learning (‘DL’), which are disciplines integral to AI algorithm development. These algorithms are modeled after the […]
Hughes and Bagley, ‘Secret Traditions as Trade Secrets’
ABSTRACT For two decades, discussions have been on-going in Geneva over intellectual property’s relationship to indigenous peoples’ traditional knowledge and traditional cultural expression. Part of those discussions have focused on requiring applicants for conventional IP rights, particularly patents, to disclose the use of genetic resources and associated traditional knowledge. Those negotiations concluded successfully in 2024 […]
‘Private Law and Emerging Technology’ – Virtual Workshops on April 11th, 18th, and 25th’
April 11 – Property and Ownership ‘The Death of Ownership: Sale, Use, and Control of Goods with Embedded Software in the Digital Era’ – Sean Thomas (U York Law, UK) ‘Custom and Separate Ownership of Natural Resources’ – Joseph Schremmer (Oklahoma Law) April 18 – Torts and Corporate Liability ‘The Trustworthy Company’ – Bryant Walker […]
Thomas Mitchell, ‘Book Excerpt: Heirs’ Property and the Uniform Partition of Heirs Property Act’
ABSTRACT This article is an excerpt of a book chapter of mine from a 2022 ABA book titled Heirs’ Property and the Uniform Partition of Heirs Property Act: Challenges, Solutions, and Historic Reform, a book for which I served as the lead co-editor. The excerpt demonstrates that so-called heirs’ property is a type of family […]
Gaffar and Al Mamari, ‘From Roman law to Sharia: comparative perspectives on the evolution of quasi-contracts in western and Islamic jurisdictions’
ABSTRACT This paper examines the concept of quasi-contractual obligations, tracing their historical evolution and current application across diverse legal systems, including Roman law, Common law, French law, and Islamic jurisprudence. It identifies the persistent lack of a unified understanding of quasi-contracts, which complicates their application and limits international legal harmonisation. A central focus is the […]
Maytal Gilboa, ‘Substitute Victims’
ABSTRACT Scholars have long recognized that the dominant theory of corrective justice – according to which compensatory damages are designed to return a tort victim to the position they were in prior to the tort – inherently tethers damages awards to victims’ economic status. In this way, tort law’s internal logic creates perverse incentives for […]
Boxx, Price and Janes, ‘Beyond Marvin v Marvin: How Washington Leads the Way in Protecting Unmarried Cohabitants’
ABSTRACT ‘Wholly unrelated to … marriage, courts have recognized the existence of meretricious relationships, which this court has determined to be stable, cohabiting relationships.’ In the nearly twenty-five years since Pennington, Washington courts have developed a robust jurisprudence regarding these relationships, now called committed intimate relationships (CIRs). The equitable doctrine developed by Washington courts is […]
‘Supreme Court revisits a trustee’s duty to account for unauthorised profits: Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10′
In Rukhadze v Recovery Partners GP Ltd, the Supreme Court recently revisited the previously settled law regarding a fiduciary’s duty to account for an unauthorised profit. The Supreme Court upheld and restated pre-existing principle. Notwithstanding, it is arguable that the Court in drawing together previously disparate strands in respect of the duty to account and […]
Eden Sarid, ‘Paternity, Protection, and Pirates: A Queer Theory Analysis of Intellectual Property Metaphors’
ABSTRACT Intellectual Property and queer theory share a fundamental concern with the interplay between private and public, tangible and intangible, and language and form. Queer theory emphasizes how language impacts the construction of identity and belonging, highlighting that discourse plays a pivotal role in structuring gender, sexuality, and normativity. Intellectual Property is often portrayed as […]
Victor Paul Goldberg, ‘On Consequential Damages’
ABSTRACT The paper considers the line between direct damages and consequential damages. Noting that language excluding recovery for consequential damages is common, it then asks why rational parties might choose to exclude such damages. Since the legal rule is only a default rule, it then considers a puzzle. Why, when the default rule is unclear […]