Monthly Archives: June, 2025
Suzanne Chiodo, ‘Private Law and Mass Claims: Regulating in the Place of the State’
ABSTRACT The concept of the ‘private attorney general’ has been well-known in North America since the 1970s. It has received less traction in other jurisdictions where, until recently, social change and behaviour modification have not been major goals of litigation. While the concept has many permutations, its best known form is a private attorney general […]
Luke Norris, ‘Procedural Political Economy’
ABSTRACT When the Federal Rules of Civil Procedure came into being in 1938, a broad political economy discourse was driving significant legal and policy reform efforts. Legal scholars, economists, political leaders, and others placed questions of economic power and their relationship to democracy at the center of those reform efforts, honing and developing a political […]
Mateusz Grochowski, ‘Algorithmic Speech Harm’
ABSTRACT This paper examines the potential application of product liability doctrine to content moderation and recommendation algorithms employed by social media platforms. Emerging scholarship and evolving case law suggest that product liability could provide a viable legal pathway to circumvent the limitations imposed by Section 230 of the Communications Decency Act. The article critically evaluates […]
‘Clicks and Consent Across Borders: Briskin v Shopify and the Global Reach of Privacy Rights’
Can a technology company based in Canada be sued in California for allegedly violating Californian privacy laws? In Briskin v Shopify, the Ninth Circuit Court of Appeals said yes. The April 2025 ruling opens the door for stronger enforcement of privacy rights in a global digital marketplace and ultimately reframes data protection as not just […]
Langille and Mayer-Goodman, ‘Don’t Mess with Mr In-Between’
ABSTRACT In a separate, related paper, we reveal and criticize an important ‘methodical error’ which is commonly made in labour law jurisprudence. In this paper, we undertake a review of the attempts by Canadian and UK legislators and decision makers to overcome some of the problems of applying labour law’s traditional orthodoxy in the face […]
Gabriel Weil, ‘Instrument Choice in AI Governance: Liability as the Indispensable Core’
ABSTRACT With rapid progress in artificial intelligence (AI), our society faces difficult choices about how to govern this technology. There is wide social disagreement about the likely benefits of AI and even greater disagreement about the risks it poses. This presents a challenge for most forms of regulation, which must be premised, at least implicitly, […]
Yadav and Yadav, ‘Green Intellectual Property Rights: A Sustainable Approach to Innovation and Environmental Protection’
ABSTRACT Due to growing environmental concerns, Green Intellectual Property Rights (Green IPR) have emerged as an important tool in promoting sustainable innovation and addressing global climate challenges. This paper examines the legal frameworks governing green Intellectual Property Rights, their role in promoting environmentally friendly technologies, and the balance between stimulating innovation and ensuring public access […]
Eldar, Nili and Xu, ‘Common Ownership Directors’
ABSTRACT We develop a model in which common owners of firms in the same industry may appoint a common director to benefit from information-sharing between firms with similar products. Information sharing through common directors increases the likelihood of product success but also reduces profits due to heightened competition. Empirically, we find that active, long-term common […]
Beatriz Botero Arcila, ‘AI Liability Along the Value Chain’
ABSTRACT Policymakers around the world are increasingly preoccupied with identifying mechanisms to better assign accountability and liability throughout the AI value chain. Particularly in the EU, discussions around civil liability and AI received significant attention after the proposal of an AI Liability Directive (AILD) in 2022. While this proposal was recently withdrawn by the European […]
‘The Conflict Between Copyright Law and Donative Freedom’
Lee-ford Tritt, ‘The Curious Case of the James Brown Estate’, 92 George Washington Law Review 753 (2024). In ‘The Curious Case of the James Brown Estate’, Lee-ford Tritt explores how certain provisions of the Copyright Act of 1976 can upend an artist’s estate plan. Professor Tritt makes a persuasive case for legal reform and documents […]