Monthly Archives: April, 2025
Dev Gangjee and others, ‘Open Consultation on Copyright and Artificial Intelligence’
ABSTRACT The government has set forth four policy options to clarify copyright and meet its objectives for AI innovators and the creative industries: (0) do nothing; (1) require licenses in all cases; (2) implement a broad data mining exception; and (3) implement a narrower data mining exception, allowing for reserved rights. We agree that option […]
Nicholas McBride, ‘Much Ado About Nothing: A Note on Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10′
ABSTRACT This paper provides a casenote on the UK Supreme Court’s extremely lengthy decision in Rukhadze v Recovery Partners GP Ltd, on the scope of liabilities for breach of fiduciary duty. McBride, Nicholas, Much Ado About Nothing: A Note on Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10 (April 22, 2025), University of Cambridge […]
Billy Christmas, ‘Property, Authority, and Unavoidable Unilateralism’
ABSTRACT Kantians claim that the unilateral acquisition of property that Lockeans defend faces an authority problem in determining what counts as acquisition. However, Kantians face an analogous problem in stipulating how authority itself can be acquired. In this paper I argue that both theories are pushed into a position where they are forced to countenance […]
Leanne Smith, ‘Family Law for Family Life: Rethinking the Boundaries of Family Law’
ABSTRACT A key function of family law is to regulate family breakdown and conflict. Consequently, family law has been characterized as under threat as family disputes have been diverted from courts and lawyers, and its norms have become inaccessible to many. This article questions the scale of the threat. It argues for a rethinking of […]
Patricia McCoy, ‘Inflection Points In The Drafting Of The Restatement On Consumer Contracts: Salience And Its ARC’
ABSTRACT When the Reporters of the Restatement of the Law, Consumer Contracts (RCK or Restatement) undertook that project for the American Law Institute, they faced a bind. Courts generally infer blanket assent to boilerplate, contingent on proper notice. But the Reporters were previously on record as skeptical of notice because consumers almost never read boilerplate. […]
Benjamin Weiss, ‘Civil-criminal hybridization: sexual violence plaintiffs’ attorneys’ efforts to blur the boundaries between civil and criminal law’
ABSTRACT Despite symbolic boundaries between civil and criminal law, sociolegal scholars note their conceptual and operational overlap, or hybridity. Values (eg, restoration vs punishment) and practices (eg, monetary compensation vs incarceration) thought distinct to each manifest in both, and contact with one legal system can generate involvement with the other. Scholars typically attribute hybridity’s emergence […]
Kim and Leavitt, ‘Data Rights for Workers’
ABSTRACT Workers are subject to immense amounts of data collection on the job, and the algorithmic management tools built with that data can produce negative effects, including deskilling jobs, unstable work hours, reduced wages, and dangerous and degrading working conditions. Workers thus have significant interests how their data are collected and used, and yet they […]
Iryna Dikovska, ‘War, Sanctions and Exemption from Liability under Contracts Falling Within the Scope of the CISG’
ABSTRACT This article analyses the circumstances in which war or sanctions preventing the fulfilment of a contract covered by the CISG entitle the parties to exemption from liability for a contractual breach. It addresses how contractual provisions relate to Article 79 of the CISG. It also focuses on the interpretation of contractual provisions exempting parties […]
Tony Pursall, ‘Invalid exercises of powers and defective changes of trustees: what can go wrong and how to put it right’
ABSTRACT The first part of this article outlines some of the reasons why the exercise of powers can be invalid, with a focus on the failure to comply with formal requirements. The second part considers possible remedies, including the implied exercise of powers doctrine and the defective exercise of powers doctrine, as well as those […]
Alyson Carrel, ‘Murmurs of the Silenced: Secure Reporting of Misconduct Settlements’
ABSTRACT For decades, scholars debated the merits between resolving disputes by public adjudications or private settlements. This tension is particularly relevant in misconduct settlements, where wrongdoers can hide behind the confidentiality available in a private settlement. A paradigmatic example of this was the #MeToo movement and the revelation of serial sexual predators sheltered by secret […]