Monthly Archives: May, 2025
Jeimmy Lorena Viracacha Pena, ‘Trademarks Have No Passport: Toward a Transnational Protection Based on Reputation and Legal Best Practices’
ABSTRACT In the digital economy, trademarks have evolved beyond their traditional territorial anchoring to become global assets shaped primarily by reputation, digital presence, and consumer perception. This article explores the growing legal disconnect between this modern understanding of brand identity and the existing territorial framework for trademark protection. Through an in-depth analysis of the Frisby […]
Mohsen Manesh, ‘A New Cardinal Precept in Corporate Law’
ABSTRACT In August 2024, Delaware enacted what is widely considered the most controversial amendments to the state’s all-important corporate law in at least a generation. Principally, those amendments exalt freedom of contract over what was formerly a ‘cardinal precept’ of corporate law: that the business and affairs of every corporation are managed by its board […]
Geeta Kohli, ‘Expanding Corporate Fiduciary Duty’
ABSTRACT Equity and representation are difficult and risky topics at the moment. Nevertheless, given the social, economic, and political power corporations hold, a wave of corporate directors and officers continue to view diversity, equity, and inclusion as a moral and ethical requirement. This Article argues that anti-hate rhetoric can also be situated as a legal […]
Yang Chen, ‘Reviving “computer-generated works”: should Hong Kong copyright law adapt the rule to harness AI opportunities?’
ABSTRACT In July 2024, the Hong Kong government released a public consultation paper on copyright and artificial intelligence (AI), addressing emerging copyright issues in the era of generative AI. A key focus is the government’s interpretation of the existing Copyright Ordinance provisions on computer-generated works (CGWs), concluding that these provisions already support copyright protection for […]
Tess Wilkinson-Ryan, ‘Suckers in Law’
ABSTRACT The fear of being suckered is such a strong social and psychological phenomenon that political movements, and bodies of law, have been built around it. This review offers a framework for understanding how the psychology of feeling suckered affects legal decision-making. Feeling exploited or scammed is a core and widely shared aversion, and yet […]
‘The New Product Liability Directive: Open Questions on the Eve of Implementation’: Institute for European Tort Law, Vienna, 12 June 2025
On 23 October 2024, the European Union passed a new Product Liability Directive (PLD) and repealed the initial version from 1985. The new text has brought considerable improvements, but many fundamental questions are still left open on the eve of the Directive’s implementation, which the Member States must complete by 9 December 2026 … (more)
Augustin Gridel, ‘The international scope of European company law’
ABSTRACT The influence of European Union law on the international connecting factor of companies is now well known. Extending its case law developed in relation to the free movement of goods, the Court of Justice has imposed recognition within the Union of companies validly established by the legal system that granted them legal personality, even […]
Piotr Daniel Kocab, ‘Trusts and EU sanctions – are trust principles being ignored by EU courts?’
ABSTRACT The overlap of trust law and EU-sanctions law was inevitable once so-called ‘leading businesspersons’ were sanctioned by the European Union, especially under the EU’s sanctions regime against Russia. Property of trusts settled by such leading businesspersons was frozen under the applicable sanctions regulations, and close family members of leading businesspersons were themselves sanctioned by […]
Robert Leckey, ‘Parental union in Quebec: a model for recognizing cohabitants?’
ABSTRACT This paper introduces an international readership to an innovative policy response to cohabitation. Under a law passed in 2024 by the Canadian province of Quebec, unmarried cohabitants who become parents of the same child will automatically enter a ‘parental union’. The legislature intended parental union to protect children without marrying adults by force. This […]
Atilla Kasap, ‘Philosophical grounds for regulating the lawful operation of autonomous vehicles’
ABSTRACT The predictability of algorithms will allow us, for the first time in history, to determine in advance how autonomous vehicles (AVs) will respond to unavoidable traffic accidents. This article delves into consequentialism, including act and rule utilitarianism, and deontology to explore how algorithms should make decisions in various crash situations. As a solution, it […]