Monthly Archives: May, 2025
Therese Wilson, ‘The regulatory response to Buy Now Pay Later in Australia’
ABSTRACT The Buy Now Pay Later (BNPL) industry has seen considerable growth over the last 15 years and, from 10 June 2025, BNPL products will be regulated as credit products. This article considers the likely effectiveness of the proposed regulation which will require BNPL providers to comply with responsible lending obligations, and notes the important […]
Divesh Kaul, ‘Law of Forum Selection: The Jurisprudential Narratives of Remedies for the Foreign Investor in the Appropriate Relevant Forum’
ABSTRACT What is the appropriate forum for the settlement of foreign investment disputes? Is it the host State’s judicial system or the international arbitration system? How could one resolve the conflict between an investment agreement, which asserts the exclusive jurisdiction of the domestic courts, and an international treaty to which the host State and the […]
Baltrunaite and others, ‘The Corporate Sustainability Due Diligence Directive (CSDDD): An Analysis of the Potential Economic and Legal Impacts’
ABSTRACT On 24 April 2024, following lengthy political and technical negotiations, the European Parliament adopted the Corporate Sustainability Due Diligence Directive (CSDDD), which requires the largest European financial and non-financial companies to comply with due diligence obligations to ensure that their operations and those carried out along their chain of activities do not violate the […]
Lucas Osborn, ‘Copyright, Creativity, and Skill: Authorship and AI-Assisted Works’
ABSTRACT This article addresses the evolving legal challenges posed by AI-assisted creative works, with a focus on copyright authorship in visual art generated by text-to-image tools such as Midjourney. Osborn argues that traditional copyright doctrine centers on the mental conception of an author – not the physical skill used to express it – and introduces […]
E Garrett West, ‘Constitutional Private Law’
ABSTRACT Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a person or not to fire an employee for discriminatory reasons, that are analogous to the rules of tort, property, or contract. Constitutional public law, by contrast, controls when and how […]
Frank Fagan, ‘Autonomous AI and Ownership Rules’
ABSTRACT As artificial intelligence (AI) systems become increasingly autonomous, traditional notions of ownership face novel stress tests. Historically, property rights have been grounded in traceability, enabling legal and economic systems to allocate ownership efficiently through doctrines such as accession (ownership by connection) and first possession (ownership by labor). Property law also recognizes that abandoned property, […]
Lewis Graham, ‘30 Years of Pepper v Hart: an empirical review’
ABSTRACT Over 30 years has passed since the House of Lords handed down its seminal decision in Pepper v Hart. That decision made it possible, under tightly construed circumstances, for judges to consider Hansard materials when approaching the construction of a statutory provision. Perhaps surprisingly, there has been as of yet no empirical study into […]
‘Can Musk’s New X/Twitter Rules Be Reconciled with EU Copyright Law?’
On the 10th of April 2025, new rules came into force as part of Elon Musk’s crackdown on impersonation accounts on X (formerly known as Twitter). Under these rules, any account that impersonates, parodies, or caricatures another comes under two requirements: first, that their username must begin with a keyword like ‘fake’ or ‘parody’; and […]
Yuval Abrams, ‘Relative Proximity and Proximate Cause’
ABSTRACT The theory and doctrine of proximate cause has been too easily dismissed. Two primary errors underlie this dismissal: a misunderstanding of ‘causal proximity’, and a mistaken inference from the correct observation that effects have multiple causes, to the claim that there is no hierarchy between proximate and more remote causes. This article defends the […]
Omari Simmons, ‘Corporate Evolution’
ABSTRACT Political entrepreneurs have declared war on environmental, social, and governance policies (‘ESG’), going so far as to attempt to criminalize ESG-influenced investing. They seek a return to some real or imagined past. They amplify and elevate their efforts into mainstream public discourse. They pursue extraordinary goals and tactics to disrupt and even dismantle institutional […]