Monthly Archives: May, 2025
Cassie O’Hagan, ‘Indie Authors’ Battle Against Piracy On Digital Publishing Platforms: An Endless Game Of Whac-A-Mole’
ABSTRACT The publishing industry has undergone significant changes over the past decade, making it easier than ever for independent (indie) authors to publish and profit from their work. Digital platforms have removed the barriers once controlled by traditional print publishers, allowing indie authors to publish on their own terms without significant financial investments. However, despite […]
Buccola and Hoffman, ‘Precedent Terms’
ABSTRACT An implicit binary underlies most academic thinking about commercial and corporate contracts. To judge from the theory literature, such agreements consist of just two kinds of terms: those that are negotiated and priced and those that are boilerplate. But on-the-ground realities don’t square with the picture of contract production that the standard assumption yields. […]
Ari Goldstein, ‘Litigation Finance in the Public Square’
ABSTRACT As the market for litigation finance has grown, so has the fight over its propriety. According to its defenders, litigation finance provides access to justice for injured plaintiffs and access to the capital markets for sophisticated businesses. According to its critics, litigation finance extorts vulnerable plaintiffs, facilitates the filing of meritless legal claims, and […]
Xavier Lavayssière, ‘Legal Structures of Tokenised Assets’
ABSTRACT Tokenised assets are expected to transform finance, yet their legal treatment remains a source of uncertainty. This article presents an analytical framework for categorising legal structures of tokenised assets, addressing a gap in academic literature and regulatory approaches. We introduce a taxonomy based on the legal relationship between tokens and their underlying assets. In […]
‘Judging Science’: symposium edition of Columbia Science and Technology Law Review
Unsticking Litigation Science (Edith Beerdsen) Expert Histories (Edward Cheng) How Experts View the Legal System’s Use of Scientific Evidence (Shari Seidman Diamond and Richard Lempert) Overcoming Judicial Innumeracy: A Proposal to Bring the Venerable Process of Peer Review to the Enduring Problem of Courts’ Scientific Illiteracy (David Faigman) Judicial Approaches to Acknowledged and Unacknowledged AI-Generated […]
Yiheng Lu, ‘Reforming Copyright Law for AI-Generated Content: Copyright Protection, Authorship and Ownership’
ABSTRACT With the emergence of disputes over the copyright of AI-generated content (AIGC), academia has extensively discussed relevant issues, including copyright protectability and ownership. However, the copyright law community has not reached an international consensus. Adopting a doctrinal methodology, this paper investigates these issues and proposes reforms, arguing that copyright law should clarify the de […]
Neyers and McDonagh, ‘A Defence of the “Physicalist Heresy”: Or Why the Supreme Court of Canada Should Not Follow Fearn v Tate Gallery’
ABSTRACT This article critiques the UKSC’s decision in Fearn v Board of Trustees of the Tate Gallery which held that visual intrusion could ground a claim in private nuisance. It challenges the court’s departure from the traditional ‘physicalist’ understanding of nuisance, arguing that this shift creates conceptual confusion, disregards established precedent of the highest authority, […]
‘Building a Community Equity Framework from the Tort of Public Nuisance’
Deborah N Archer and Joseph Schottenfeld, ‘Defending Home: Toward a Theory of Community Equity’, University of Chicago Law Review (forthcoming, 2025), available at SSRN (30 September 2024). For communities suffering the harms of long-standing neglect and callous infrastructure decisions that dump highways, landfills, and the like in the middle of them, legal remedies have been […]
Matthew Liebman, ‘Legislating Nonpersonhood’
ABSTRACT Recently, two state legislatures – Idaho’s and Utah’s – passed statutes that preclude courts, agencies, and lawmakers from recognizing the legal personhood of nonhuman animals, nature, artificial intelligence, and inanimate objects. These ‘nonpersonhood statutes’ are responses to social, political, and legal efforts to expand the concept of personhood to recognize the rights of nature, […]
Levin and Lytton, ‘Using Public Nuisance Litigation to Address Industrywide Misconduct: Common-Law Statutes, Nondelegation Doctrine, and Regulation by Litigation’
ABSTRACT In this Article, we assert that broad, open-ended public nuisance statutes offer a legitimate legal tool to curb public health harms caused by the unreasonable design, marketing, and distribution practices of product manufacturers. We argue that these statutes are ‘common-law statutes’ by which legislatures authorize courts to apply the concept of public nuisance to […]