Monthly Archives: May, 2025
Olecia James, ‘Claiming What’s Ours: Rights and Realities in Property Disputes’
ABSTRACT This article sheds light on the deeply ingrained injustices within property laws that deny many individuals their fundamental right to occupy space. It begins with the historical theft of land from Indigenous peoples, a traumatic legacy that set the precedent for the systemic erosion of property rights throughout American history. The article critiques the […]
Young and Bustard, ‘Capping Defamation Damages’
ABSTRACT The law governing defamation damages is problematic. Damages are presumed, without the need for any supporting evidence, once the elements of the tort are established. They are at large and reflect intangible injuries, so their precise quantification is inevitably arbitrary. Their quantum is increasing at far greater than the rate of inflation. Indeed, the […]
Aplin and Skillen, ‘Douglas v Hello! Ltd’
ABSTRACT We examine Douglas (No 3) in several sections to illustrate its landmark status. We begin in section II with an overview of the decision, before turning in section III to assess how the court grappled with the independence or otherwise of privacy protection. In section IV, the privileged approach to photographs is discussed before […]
Tanya Aplin, ‘Intellectual Property Rights and the Internal Market’
ABSTRACT This chapter traverses the legal terrain relating to IPRs and free movement of goods in the internal market. It focuses primarily on one legal tool to promote this free movement: the doctrine of exhaustion of rights. It considers this doctrine in relation to patents, trade marks and copyright. Although these are very different types […]
Hossein Fazilatfar, ‘Arbitration Clause Expansion’
ABSTRACT Parties waive their constitutional right to public trials by agreeing to privately arbitrate current or future disputes. Traditionally, consumer and employment contracts contained arbitration agreements which only covered claims that ‘arise out of’ or were ‘related to’ such contracts. In recent years, to avoid litigation, repeat players have stipulated language which has allowed them […]
Peter Haas, ‘Privacy Protection Through Publicity: Licensing Ones Likeness To Employers Via Biometrics’
ABSTRACT Privacy, an essential human right, is increasingly compromised in the digital age – often traded for security and convenience. This erosion is exacerbated by the pervasive use of digital technology, which introduces new methods of identification and surveillance. Historical implicit privacy is no longer sufficient; explicit rules are required to balance security needs with […]
Yadav, Reason and Simpson, ‘Product Liability as a Model for UK AI Security’
ABSTRACT Negligence, as a legal framework, will struggle to meet two ‘core objectives’: prompting frontier AI developers to internalise and mitigate the risks posed by their systems, and offering a robust avenue of redress for those harmed by them. This paper argues that a ‘Frontier AI’ Bill in the UK should implement a liability regime […]
Steel and Georgiou, ‘Remedies and the Public Interest’
ABSTRACT In this chapter, we are concerned with the normative role of reasons grounded in the ‘public interest’. We focus upon a relatively neglected aspect of this issue: the relevance of such reasons to remedies in particular. We do so in order to examine suggestions made in recent literature and judicial opinions that the public […]
Sandy Steel, ‘Private Right and Public Right’
ABSTRACT This comment on Professor Weinrib’s Reciprocal Freedom: Private Law and Public Right focuses on two intersections between private right and public right: (1) permissions to use another’s property in circumstances of necessity, (2) distributive justice. My overall claim is that the boundaries Weinrib deftly articulates between private right and public right should not be […]
Trent Kannegieter, ‘Nondeterministic Torts: LLM Stochasticity and Tort Liability’
ABSTRACT Our laws were built for deterministic machines. With the same inputs, we expect a system to consistently produce the same outputs. But modern artificial intelligence (AI) systems, specifically large language models (LLMs) and other types of ‘generative AI’ (GenAI), challenge this assumption. These systems are stochastic, meaning that they produce varied outputs even when […]