Monthly Archives: April, 2025
Häuselmann and Custers, ‘The Right to Rectification and Inferred Personal Data’
ABSTRACT Inferred data, such as predictions and emotional states, may have limited accuracy or may even be incorrect from the perspective of data subjects. According to Article 16 of the General Data Protection Regulation (GDPR), data subjects can then invoke their right to rectification. To rectify personal data, data subjects must provide objectively verifiable evidence […]
Luke Meier, ‘Vicarious Product Liability’
ABSTRACT Discussions regarding the strict product liability cause of action have frequently-and unfortunately-conflated two separate questions: (1) Must a plaintiff show that somebody was at fault for her injury? (2) If so, must a plaintiff show that the defendant was at fault for her injury? When the strict product liability cause of action burst into […]
Daniel Wilf-Townsend, ‘Artificial Intelligence and Aggregate Litigation’
ABSTRACT The era of AI litigation has begun, and it is already clear that the class action will have a distinctive role to play. AI-powered tools are often valuable because they can be deployed at scale. And the harms they cause often exist at scale as well, pointing to the class action as a key […]
Heller and Dagan, ‘Liberal Contract Theory – Part 1 of Freedom of Contract’
ABSTRACT Freedom of Contract addresses the big questions of contract theory, answers longstanding doctrinal debates in contract law, and points the way to justified reforms. The book justifies enforcement of contract law through its role in enhancing individual autonomy defined as self-determination. Liberal Contract Theory – Part 1 of the book – is included here. […]
Maarten Herbosch, ‘Contracting with Artificial Intelligence: A Comparative Analysis of the Intent to Contract’
ABSTRACT Systems based on artificial intelligence (AI) are increasingly used in everyday legal practice. They may even be used to form contracts on behalf of the system user. In such instances, it is not necessarily required for the system to identify the precise actions the system should take, from an engineering perspective. As a result, […]
Adam Levitin, ‘The Death of Consumer Contract’
ABSTRACT Fifty years ago Grant Gilmore published his famous book, The Death of Contract, which argued that modern American contract law was the creation of a handful of judges and academics, rather than a reflection of the real evolution of caselaw. Contract law was, in Gilmore’s words, an ‘ivory tower abstraction’ that lived ‘in the […]
Michael Conklin, ‘The Arbitration Web Ensnaring Every Consumer: The Next Evolution in Corporate Strategy to Compel Arbitration’
ABSTRACT This first-of-its-kind Article uses a novel hypothetical to explore the expanding role of compelled arbitration. The hypothetical involves numerous large corporations agreeing to cross-reference each other in their arbitration agreements, thus attempting to create a massive arbitration web ensnaring nearly every American and allowing corporations to compel arbitration against parties they never interacted with. […]
Schwartz and Sepe, ‘Deregulating Contracts’
ABSTRACT A contract’s substantive terms specify what the parties will trade; a contract’s procedural terms regulate the parties’ bargain. Quantity and quality terms are substantive; damage, interpretive and modification terms are procedural. Parties are free, under contract law, to specify substantive terms; but they are not free to specify procedural terms. Rather, courts regulate damages […]