Monthly Archives: April, 2025
Zein Abdul Nassir Mukhtar, ‘97 Contracting States, And Still Counting -The CISG and the United Kingdom’s Long Wait’
ABSTRACT In 1980, the United Nations under the auspices of the United Nations Commission on International Trade Law (UNCITRAL), in a bid to harmonize and standardize international trade amongst sister nations promulgated a uniform law relating to international sale of goods. This uniform law was the Vienna Convention on International Sale of Goods (herein referred […]
Zein Abdul Nassir Mukhtar, ‘On English Connecting Factors: Domicile and Residence’
ABSTRACT In selecting the proper law to govern issues, courts look to the elements which link the occurrence of a said issue to a legal category. These links vary from where a contract was concluded (loci contractus), where a property is situated (loci situs), where a tort was committed (loci delicti commissi), where the court […]
Zein Abdul Nassir Mukhtar, ‘Party Autonomy Principle in the Rome Convention 1980 and Rome I Regulation (Regulation (EC) 593/2008) Texts’
ABSTRACT Critical to the success of dispute resolution in cross-national civil and commercial matters is the level of freedom permitted by conflict of laws rules. If the rules lack reasonable balance, tend to be ‘elusive’ and rather ‘theoretically unresolved’, then the very essence of the rules are impeded, constantly frustrated, become necessarily defunct, and the […]
Taysir Awad, ‘Generative AI’s Copyright Enigma: A Comparative Study of Fair Use and Fair Dealing’
ABSTRACT At the dawn of this decade, generative Artificial Intelligence (AI) models were at the apogee of modern science and technology. Their emergence introduced the world to a new paradigm of creativity and innovation, where machines can synthesize art, literature, and design with unprecedented sophistication, blurring the boundaries between human ingenuity and algorithmic computation. These […]
Merane and Stremitzer, ‘Automated Private Enforcement: Evidence from the Google Fonts Case’
ABSTRACT Plaintiffs often have little incentive to detect and enforce small claims, which reduces defendants’ incentives to comply. With advances in artificial intelligence, can automated private enforcement increase compliance? The Google Fonts Case offers a unique opportunity to explore this question. After a German court ruled that the dynamic embedding of Google Fonts violated the […]
‘Is it deceptive to use a designer’s name in a trade mark if the designer is no longer with the company?’
Does a trade mark consisting of the name of its founder become deceptive and, therefore, liable for revocation, if the founder leaves the company? This question is at the heart of Advocate General (‘AG’) Emiliou’s Opinion in PMJC (C-168/24) … (more) [Marcel Pemsel, The IPKat, 27 April 2025]
Dave Fagundes, ‘Genetic Property Rhetoric and the Public Domain’
ABSTRACT Among the many themes that illuminate Jorge Contreras’s The Genome Defense, this Essay focuses on property. It considers the rhetorical role played by property in convincing both courts and the public that patenting genetic data was legally and ethically objectionable. This Essay begins by locating property-and public property-as a major theme in the dialogue […]
Barlevy and Xavier, ‘A Model of Charles Ponzi’
ABSTRACT We develop a model of Ponzi schemes with asymmetric information to study Ponzi frauds. A long-lived agent offers to save on behalf of short-lived agents at a higher rate than they can earn themselves. The long-lived agent may genuinely have a superior savings technology, but may be an imposter trying to steal from short-lived […]
‘5th German Conference for Young Researchers in Private International Law in Heidelberg – Conference Report’
On February 14th and 15th, 2025, more than one hundred young academics gathered at Heidelberg University for the 5th German Conference for Young Researchers in Private International Law to discuss the topic ‘Digital Transformation and Private International Law – Local Connections in Boundless Spaces’ … (more) [Victoria Hélène Dintelmann, Conflict of Laws .net, 25 April […]
Michael Goodyear, ‘Artificial Infringement’
ABSTRACT Generative AI is changing the way we do everything from legal research to artistic creation. This is possible through recent advances in machine learning that allow AI systems to program themselves. With greater AI capacity, however, comes increasingly unpredictable outputs. AI systems will often generate an output the user and the developer never considered. […]