Monthly Archives: June, 2025
Jurcys, Minssen, Fenwick and Corrales Compagnucci, ‘The Future of Privacy Law? A Comment on Solove/Hartzog’s “Kafka in the Age of AI and the Futility of Privacy as Control in an Age of AI”’
ABSTRACT This Comment engages with Daniel Solove and Woodrow Hartzog’s thought-provoking claim that ‘privacy as control’ is increasingly ‘futile’ in an era of ubiquitous AI. We share their concern about the profound power imbalances and structural opacity that characterize today’s data-driven systems, and we recognize the urgency of rethinking traditional privacy frameworks in light of […]
Jack Boeglin, ‘The Costs of Self-Driving Cars: Reconciling Freedom and Privacy with Tort Liability in Autonomous Vehicle Regulation’
ABSTRACT Nearly all of the literature on self-driving cars explores either their impact on social values, like freedom and privacy, or the questions they pose for legal liability. These lines of inquiry have developed largely in isolation, with little effort to examine how they might intersect and inform each other. This Article advances an integrated […]
Rory Gregson, ‘The limits of implication’
INTRODUCTION Many areas of law give legal effect to the meaning of a communication. The law of contract gives effect to contractual agreements; the law of express trusts gives effect to manifestations of an intention to create a trust; the law of statutory interpretation gives effect to legislation. In all these areas, determining the meaning […]
Hin Liu, ‘Crypto as property: a response to Professor Stevens’
INTRODUCTION Professor Robert Stevens in a recent article has argued that (1) cryptoassets are not property as the law currently stands, and (2) the case for recognising property rights in cryptoassets is (at best) extremely weak. This article contests claim (2). It argues that, from a normative standpoint, non-interference rights effective against the world are […]
Garnett and Liew, ‘Trusts jurisdiction clauses: an analysis’
INTRODUCTION While jurisdiction clauses, or choice of court agreements, are increasingly utilised in trust deeds, the common law rules which apply to these clauses are far from clear. In comparison to the contractual context, the use of jurisdiction clauses in the trusts context is relatively more recent, and the relevant authorities are sparse. This situation […]
‘Restitution of mistaken pension payments, in the news’
Mary Regan and Anne-Marie Walsh have an interesting story in this morning’s Irish Independent: ‘Nearly all government ministers owe money to the State due to pension error, with funds to be “fully recouped.” Almost all government ministers and junior ministers owe money to the State due to errors in pension payments. They will be informed […]
‘Copyright Maximalism for the Public Good?’
Benjamin Sobel, ‘Copyright Accelerationism’, 100 Chicago-Kent Law Review (forthcoming 2025), available at SSRN (8 December 2023). Benjamin Sobel has written a provocative new essay about copyright law’s role in the development of generative artificial intelligence, and I think all IP scholars should read it. His essay, ‘Copyright Accelerationism’, is the kind of creative scholarship that […]
Sharon Thompson, ‘Unreported nuptial agreements in England and Wales’
ABSTRACT Pre-nuptial agreements are not binding under legislation in England and Wales but can have decisive weight on divorce provided they are not unfair. Pressure is mounting for reform, because it is not always clear when the court will determine when an agreement is unfair. However, circumspection is needed before introducing legislation that would make […]
Hui Jing, ‘Intention in Quistclose Trusts’
ABSTRACT This article examines the Hong Kong Court of Final Appeal’s decision in China Life Trustees Ltd v China Energy Reserve and Chemicals Group Overseas Co Ltd (China Life), which addresses the critical elements of intention and context in the establishment of Quistclose trusts. The court held that for a Quistclose trust to be established, […]
Lee, Ng, Yoo and Zhang, ‘Freedom of Expression Protection and Corporate Concealment of Bad News: Evidence from State Anti-SLAPP Laws’
ABSTRACT The protection of free speech enhances the ability of various public stakeholders to disseminate privately observed adverse information about public firms, making it difficult for corporate managers to conceal negative information about their companies. Using the staggered enactment of antistrategic lawsuit against public participation (anti-SLAPP) laws across US states as a shock that strengthens […]