Monthly Archives: May, 2025
Samuel Bray, ‘Preliminary Injunction Realism’
ABSTRACT This Article was prepared as part of a festschrift for the leading scholar of remedies in the United States, Professor Doug Laycock. It makes two contributions to the literature on the preliminary injunction. First, it offers a dataset of 2023 preliminary injunction cases from district courts in four circuits. It shows a correlation between […]
Anna Tischner, ‘Trade Mark Law and Upcycling’
ABSTRACT Upcycling conserves resources by transforming waste and otherwise useless materials into products of greater value. While it is a much-needed practice during times of environmental crisis, it raises concerns for original product manufacturers who object to third parties offering repurposed products that incorporate their trade marks. The practice triggers allegations of misleading behaviour, misappropriation […]
Chaumtoli Huq, ‘Decolonizing Objective Theory: Race and Coloniality in US Contract Law’
ABSTRACT Contract law emerged as a distinct legal field in the US toward the end of the nineteenth century during a period marked by US settler colonization of indigenous populations through Westward expansion and a continuation of British colonialism. US courts adopted the objective theory to evaluate and interpret contracts using the reasonable person standard, […]
Yashraj Srivastava, ‘The Philosophical Nature of Corporations: Examining Corporate Personality and Liability in the Context of Artificial Intelligence’
ABSTRACT Identity plays a major role in philosophy to determine the recognition of an entity, and when we talk about identity, we need to determine in what capacity it effects the legal personhood of such entity. Determination of corporate legal personality of an entity is defined well over the years by courts of law; hence […]
LoMonte and Reed, ‘Does the Name “Naruto” Ring a Bell? The Doubtful Copyright Status of Home Security Camera Videos’
ABSTRACT Footage from home security cameras is a staple of contemporary news and entertainment programming. Doorbell-mounted cameras intended to capture thieves now are regularly also capturing the antics of misbehaving pets, the misadventures of clumsy delivery drivers, and all manner of other videos that become fodder for news programming or social-media sharing. Home security footage […]
Hayk Hambardzumyan, ‘Common Ownership and Inequality’
ABSTRACT The decrease in competition, the increase in common ownership and the rise of inequality are well documented but still no paper has related common ownership to inequality. This paper provides empirical evidence from structural estimation that common ownership contributes to the increase in income inequality through declining competition given the common ownership hypothesis is […]
Jie Ouyang, ‘Reading Consumer Protection in the EU Constitutional Context: What Does “Consumer Protection Is Not Absolute” Mean?’
ABSTRACT In Novo Banco SA – Sucursal en España and Others v CFO and Others, the Court of Justice of the EU held that ‘consumer protection is not absolute’ but may be limited by the Union’s general interest in maintaining financial stability and preventing systemic risk. While the idea that consumer protection is not absolute […]
Łukasz Żelechowski, ‘Self-Driving Cars Facing the Law: Answers at Law – Applicable and Prospective Looking into the Future with Today’s Glasses?’
ABSTRACT This chapter examines the legal aspects of the use of self-driving cars, including civil and criminal liability, the integration of self-driving cars in the insurance industry, and personal data protection in connection with the exploitation of self-driving cars. The chapter encompasses both Polish and EU legal perspectives on aspects harmonized within the European Union. […]
Naveen Thomas, ‘Agency Problems in Contract Design’
ABSTRACT In the stylized world of contract theory, contracting parties write optimal agreements that maximize their collective utility by balancing front-end and back-end costs and benefits. In the real world of business deals, however, drafters rarely even approximate this ideal of economic efficiency, let alone achieve it. Scholars have long recognized this gap between theory […]
McKenna and Silbey, ‘Design Problems’
ABSTRACT This Essay draws on our empirical research into designers and their work to investigate the limits of intellectual property law for achieving its goal of progress in the design context. We focus on two related aspects of our research and also address a pressing doctrinal question in design patent law. The two research questions […]