Monthly Archives: May, 2025
‘Reaffirming Established Case Law, Withholding Guidance? – CJEU in APS Beta Bulgaria (Case C-337/23)’
“The recent ruling in APS Beta Bulgaria (C-337/23) provides another example of the Court of Justice reaffirming its established case law on consumer credit. However, it also illustrates a more subtle tendency: interpretative restraint. This post argues that, while the Court preserves the continuity of its case law, its reluctance to provide detailed interpretative guidance […]
Dylag and Smith, ‘From cryptocurrencies to cryptocourts: blockchain and the financialization of dispute resolution platforms’
ABSTRACT This paper contributes to emerging discussions of blockchain governance through an analysis of dispute resolution platforms that reimagine justice. We focus specifically on Kleros, a blockchain-enabled dispute resolution platform, that promises to secure, authenticate, and democratize access to justice for the twenty-first century. We advance the concept of cryptocourts whereby jurors, incentivized by accumulating […]
‘When a Contract is Just a Message Away: Lessons from Jaevee Homes v Fincham’
The Technology and Construction Court’s judgment in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC) marks yet another pivotal moment in the evolution of contract formation doctrine in the digital age. While the case centres on payment mechanics under the Housing Grants, Construction and Regeneration Act 1996, its broader implications resonate […]
Mindy Duffourc, ‘Risk Management Rising: Towards a Risk Management Defect Framework for Fair Governance of Black-Box AI Liability’
ABSTRACT EU law now recognizes artificial intelligence (AI) as a product that can be governed under product safety regulations and product liability rules. AI’s nature as an intangible, dynamic product that is capable of exhibiting varying levels of autonomy, opaqueness, and human-like reasoning make it difficult to assess its defectiveness under the new Product Liability […]
Demougin and Bental, ‘Procedural vs Substantive Approaches in Non-Comprehensive Contracts’
ABSTRACT In this study, we examine two adjudication methods designed to resolve disputes between principals and agents concerning bonus payments in relationships characterized by moral hazard and where the parties have been forced to use soft, imprecise, and subjective information to align incentives. The first method is a procedural approach where the court applies preponderance-of-the-evidence […]
Faugno and Bant, ‘Corporate culture, conscience and casinos’
ABSTRACT Corporate Culture has had only limited consideration as a mechanism for determining corporate liability in the judicial space. However, it has been widely and successfully used as a governance and regulatory tool, suggesting its potential for further, principled development. Most recently, Corporate Culture sat at the heart of two Royal Commissions into Crown Casino. […]
Hudson and Parish, ‘Submission to the UK Intellectual Property Office: Copyright and AI’
ABSTRACT A response to the UK Intellectual Property Office (UKIPO), the Department of Culture, Media, and Sport (DCMS) and the Department for Science, Innovation and Technology (DSIT) Consultation on Copyright and Artificial Intelligence (17 December 2024 to 25 February 2025). The response addresses the copyright issues of training inputs and computer-generated works. Hudson, Emily and […]
J Travis Laster, ‘An Eras Tour of Delaware Corporate Law’
ABSTRACT Since Delaware became a state in 1776, there have been nine eras of Delaware corporate law: the Antecedent Era, the Charter-Mongering Era, the Quiet Era, the Responding Era, the Reformation Era, the Moderating Era, the Generative Era, the Implementing Era, and the Current Era. The Journal of Corporation Law arrived towards the end the […]
Johan Michels, ‘Res Digitalis: A Normative Case for an In Rem Property Right to Digital Assets’
ABSTRACT In this paper, I advance a normative case for applying an in rem property right to digital assets. This right would (1) grant the owner an exclusive right of factual control over the asset; (2) impose on all others a duty of non-interference; and (3) grant the owner a remedy for return or damages […]
‘Strict Liability for Unreasonable Harm: Aggregating Liability to Restore Compensation and Deterrence to Medical Malpractice Litigation’
Omer Pelled, ‘Aggregating Liability for Medical Malpractice’, 22 Yale Journal of Health Policy, Law, and Ethics 134 (2024). The American system of medical malpractice has long been criticized for failing to achieve either of the two primary goals of tort law: compensating victims or deterring misconduct. For victims of medical error, ‘[t]he malpractice liability system […]