Monthly Archives: May, 2025
PhD Program in Global History and Governance: Five 4-year doctoral scholarships, Scuola Superiore Meridionale, Napoli
The Scuola Superiore Meridionale (SSM) in Naples, in partnership with the Università di Napoli Federico II, invites applications for five fully funded scholarships in the PhD program in Global History and Governance for the academic year 2025-2026. The PhD in Global History and Governance consists of an advanced course of study and research at the […]
Jasper Verstappen, ‘Tokenisation of Absolute Rights and Claims: On the Use of Tokens to Transfer Rights in Property Law’
ABSTRACT Tokens can serve as containers for rights, thereby facilitating the transfer of such rights. On tokenisation platforms, especially in the context of decentralised finance (DeFi), it is assumed that when a token containing a right is transferred, the right itself is transferred as well. This paper uses the ‘token container model’ as a conceptual […]
Anika Singh Lemar, ‘Slum Managers’
ABSTRACT All sorts of landlords – governmental landlords, cooperatives, large-scale corporate landlords, and mom-and-pops – engage in slumlording to some degree. Despite that fact, some of the most popular proposed solutions to the problem focus on a property owner’s size and corporate form, rather than its property management practices. This Essay contends that management, not […]
Call for Papers: ‘Legal and economic issues of emerging (liability) risks and insurance’: Jesus College Cambridge, 18-19 June 2026
The 21st Joint Seminar of the International Association for the Study of Insurance Economics (Geneva Association) and the European Association of Law and Economics (EALE) on the topic ‘Legal and economic issues of emerging (liability) risks and insurance’ will be hosted by Jesus College, Cambridge on 18-19 June 2026. Submissions are invited for papers dealing […]
BJ Ard, ‘Copyright’s Latent Space: Generative AI and the Limits of Fair Use’
ABSTRACT Generative AI poses deep questions for copyright law because it defies the assumptions behind existing legal frameworks. The tension surfaces most clearly in debates over fair use, where established tests falter in the face of generative systems’ distinctive features. This Article takes up the fair-use question to expose copyright’s limitations as well as its […]
Aaron Twerski, ‘A Quarter Century After the Products Liability Restatement: Reflections’
ABSTRACT A quarter century has passed since the adoption by the American Law Institute of the Products Liability Restatement. It is time to reflect on whether it has influenced the courts. At the time of its adoption there was considerable controversy with regard to several sections. Some sections were not controversial. There was little disagreement […]
Alexander Lemann, ‘The Opioid Litigation’s Challenge for Tort Theory’
ABSTRACT Tort litigation related to the opioid crisis has spanned several decades and led to tens of billions of dollars in liability. While several important opioid cases remain pending in various stages of litigation, it is now possible to sketch a basic outline of the results: individual plaintiffs sued opioid manufacturers on a variety of […]
Aran and Packin, ‘Due Diligence Dilemma’
ABSTRACT This Article examines venture capital due diligence practices in the wake of FTX’s collapse and a broader rise in startup fraud. It introduces the ‘due diligence dilemma’: a core tension between the imperative to invest rapidly and the widespread, yet often unfulfilled, expectation that VC firms serve as effective gatekeepers through independent diligence. The […]
Orly Lobel, ‘Do We Need to Know What Is Artificial? Unpacking Disclosure and Generating Trust in an Era of Algorithmic Action’
ABSTRACT Should users have the right to know when they are chatting with a bot? Should companies providing generative AI applications be obliged to mark the generated products as AI-generated or alert users of generative chats that the responder is ‘merely an LLM (or a Large Language Model)’? Should citizens or consumers – patients, job […]
‘Contract Law’s Quest for Justice’
Rebecca Stone, ‘Putting Freedom of Contract in its Place’, 16 Journal of Legal Analysis 94, available at Oxford Academic (30 July 2024). A few years ago, Jody Kraus and Robert Scott argued that vindicating the sovereignty of parties who make contracts under free and fair conditions is ‘the most morally compelling explanation’ for contract law’s […]