Monthly Archives: April, 2025
‘Stopping the Zombie Apocalypse’
Maya Steinitz, ‘Zombie Litigation: Claim Aggregation, Litigant Autonomy, and Funders’ Intermeddling’, Cornell Law Review (forthcoming, 2025), available at SSRN (1 November 2024). There has been so much enthusiasm for litigation funding. Scholars have sung its praises: it will solve the access to justice problem; it is no different from insurance; if you find yourself balking […]
‘Why Is Tort Law Reform So Difficult?’ – special number of European Review of Private Law
Coordinating the Compensation Mechanisms for Bodily Injury: a Broader Approach to French Civil Liability Reform (Hélène Guiziou) Tort Law Reform in the Baltic States (Julija Kiršienė and Aušrinė Pasvenskienė) Codification of Tort Law in the Czech Republic (Luboš Tichý) Tort Law Reforms in Central and Eastern European Countries (Ewa Baginska) Tort Law Reform in Austria […]
Rebecca Zeilstra, ‘Formal Legality for Nudges’
ABSTRACT Nudges are small psychological prompts that steer behavior in a noncoercive way. For example, low-calorie products can be placed at eye level to encourage people to eat healthier. This article argues that governmental nudges are in tension with Fuller’s formal legality principle, according to which regulation should meet requirements such as generality and promulgation. […]
Jiabin Lai, ‘Proof of cryptoasset ownership in England and Wales’
ABSTRACT The legal status of cryptoassets as property has been widely accepted, but it remains unclear who owns a cryptoasset. This article explores the determination of the owner of a cryptoasset. It argues that under the doctrine of deemed ownership, a person in possession of a thing is deemed or presumed to be its owner […]
‘McFarlin on “Infringing Uses” After Warhol’
Timothy J McFarlin, ‘Infringing Uses, Not Works’, 76 South Carolina Law Review 103 (2024). In Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, the Supreme Court considered whether the licensing of one of Andy Warhol’s Prince Series works for the purpose of illustrating a magazine story about the musician Prince, was a fair […]
‘Fool’s gold: when you have to pay for pre-contractual services’
H&P, an investment bank, provided services allegedly worth USD 18 million to Randgold, who H&P had assumed was a client. However, terms of their engagement were never formalised or even written down. After the transaction, Randgold refused to pay H&P for its services. The court rejected H&P’s claim that there had been an oral contract […]
Kenneth Khoo, ‘The Law and Economics of Shareholder Democracy’
ABSTRACT Despite nearly a century of research on business organizations, most Law and Economics scholars continue to interpret corporate law primarily as a response to agency costs arising from a complex network of contractual relationships within the firm. While agency-cost theories offer valuable insights into certain principal-agent relationships – particularly those between shareholders and directors […]
Lea Bishop, ‘Authorship.ai’
ABSTRACT When a ‘chatbot’ produces text, who is the author? This question has vexed scholarly publication since the commercial release of ChatGPT. Copyright scholars, however, have been conducting a robust discussion of authorship issues raised by artificial intelligence for decades. With regard to the 2023-2024 wave of new generative AI tools such as ChatGPT, Claude, […]
Johnny Rex Buckles, ‘How Deep Are the Springs of Obedience Norms that Bind the Overseers of Charities?’
ABSTRACT The laws of every state impose norms of obedience on directors and trustees of charitable organizations. However, statutory rules and case law advancing these norms vary widely across the nation. Moreover, legal reformers and academic commentators cast competing visions of how the law should implement obedience norms. This article explains the basic nature of […]
Gullifer and Tirado, ‘Proprietary Rights and Digital Assets: A “Modern Proposal” from a Transnational Law Perspective’
INTRODUCTION Recent years have seen rapid development of new methods of controlling data so as to form tradable and valuable assets, largely through the use of a combination of distributed ledger technology (DLT) and blockchain technology. Markets in these assets, and different use cases, developed so fast that domestic law in most countries has struggled […]