Monthly Archives: May, 2025
Mukherjee and Chang, ‘Charting the Parrot’s Song: A Maximum Mean Discrepancy Approach to Measuring AI Novelty, Originality, and Distinctiveness’
ABSTRACT Current intellectual property frameworks struggle to evaluate the novelty of AI-generated content, relying on subjective assessments ill-suited for comparing effectively infinite AI outputs against prior art. This paper introduces a robust, quantitative methodology grounded in Maximum Mean Discrepancy (MMD) to measure distributional differences between generative processes. By comparing entire output distributions rather than conducting […]
Casado Pérez, Kaplan, Lifshitz and Meyerson, ‘Climate Lies and Unjust Profits’
ABSTRACT The climate crisis has reached a perilous tipping point. Our entrenched reliance on fossil fuels remains unchecked, as fossil fuel corporations wield their power to block meaningful reform and entrench their profits. The political horizon offers little relief – an incoming administration is poised to dismantle vital environmental protections, stripping away the few safeguards […]
Camila Bustos, ‘Implementing Climate Remedies’
ABSTRACT Climate change litigation has emerged as a powerful tool for addressing the climate crisis, particularly in the face of executive and legislative inaction. Across jurisdictions, courts have issued landmark decisions mandating stronger mitigation targets and recognizing rights-based claims against governments and corporations. While recent scholarship has examined the trends, legal theories, and broader effects […]
Graeme Austin, ‘Communicating with Trade Marks’
ABSTRACT Focusing on the recent decision of the New Zealand High Court in Zuru New Zealand Ltd v Lego, this paper considers the relationship between the rights of trade mark owners to convey source-designating messages and the ability of competitors to communicate with consumers about other matters. To convey useful information efficiently sometimes requires using […]
Chee Ho Tham, ‘Exploding The Myth That Bare Sub-Trustees “Drop Out”’
ABSTRACT The proposition that where a primary trustee (T1) holds property on trust for a beneficiary (T2) who then constitutes herself bare sub-trustee of her equitable interest for the benefit of a sub-beneficiary (C) results in the beneficiary (T2) ‘dropping out’ of the primary trust such that T1 becomes trustee for C. This was assumed […]
Warren Swain, ‘Mrs Jelleby, Victorian Values, and the Legal Framework of the Law of Charity in Nineteenth-century England’
ABSTRACT From the mid-seventeenth century to the mid-nineteenth century the nature of private charity changed fundamentally. Charities became large, wealthy, national organisations. The legal and regulatory framework struggled to keep pace. The nineteenth century saw both changes to the substantive law of charities and the regulatory framework. These changes took place against the backdrop of […]
Cardi, Jenne and Villareal, ‘The Paradox of Continuing Risk’
ABSTRACT The continuing-risk rule is ubiquitously cited by Restatements, casebooks, and treatises as a core duty rule in negligence cases. Indeed, as this Article reveals, the rule has been ‘adopted’ – in the sense that at least one court in a jurisdiction has applied the rule, and no court has rejected it – in 32 […]
Seth Endo, ‘Discovery Dark Matter’
ABSTRACT Discovery disputes are prevalent in pretrial practice but are largely absent from law-school casebooks and the decisions of the Supreme Court. The lack of formal appellate decisions contributes to the view that discovery functions like civil litigation’s Wild West without meaningful law development or error correction. But, by looking at every reference to ‘discovery’ […]
Rizzo and Hassan, ‘On the Distinction Between Tort-Based and Risk-Based AI Regulation: A Transatlantic Perspective’
ABSTRACT At present times, the disruptive impact of artificial intelligence technologies requires prompt actions by regulators to address the risks that AI systems may pose to society. In this context, policymakers in the EU and in the US are responding to the challenges of AI regulations through apparently different approaches. On the one hand, the […]
Neil Netanel, ‘Failing to Save the Press: What Should Be Next?’
ABSTRACT Liberal democracy cannot survive without a vibrant, free, and pluralist press. Indeed, in an increasingly ‘post-truth’ age awash in social media disinformation, pumped up outrage, authoritarian populism, and influencer ‘bullshit’, we have as great a need as ever for politically independent newsrooms resolutely committed to professional norms of factual accuracy and fairness and to […]