Monthly Archives: June, 2025
Kevin Greene, ‘Goodbye Copyright? The Rise of Trademark and Rights of Publicity in the Hip-Hop Music Industry’
ABSTRACT Hip-hop music dominates popular culture and fuels the global entertainment industry, from music to dance, film, advertising, television, social media, and the internet. Hip-hop music, also known as rap, is an art form created by African American artists, but largely controlled through distribution and intellectual property (‘IP’) transfers by majority white-led corporations. From its […]
Damien Riehl, ‘AI, Originality, and Creativity: Copyrighting All the Melodies to Avoid Accidental Infringement’
ABSTRACT If you think of the ‘Live Your Life’ song, who thinks that ‘Levitating’ by Dua Lipa sounds like – or is substantially similar to – ‘Live Your Life’, by Artikal Sound System? Who does not think they sound substantially similar? It’s a trap. That’s the wrong question to even ask. Really, the question of […]
James Phillips, ‘A Corpus Linguistic Analysis of “Possessions” in American English, 1760-1776’
ABSTRACT This article will proceed in four parts. Part I introduces the question at issue in the context of the first state constitution to include the term: the Pennsylvania Constitution. It does so, at least in part, because other state constitutions arguably copied the Pennsylvania Constitution, and thus the meaning of that constitution likely sheds […]
Naomi Cahn, ‘Trusting Remedies for the Child Influencer Space: Blocked Trust Accounts and Child Beneficiaries’
ABSTRACT Child influencers – or digital entertainers – can generate millions of dollars each year. These children are unprotected by federal labor laws, and they receive little oversight from any other source. A number of scholars have proposed remedies to both the privacy and financial exploitation problems, and states are beginning to enact legislation in […]
Andrew Burrows, ‘Omissions in the Tort of Negligence: HXA, YXA and Tindall’
There are two relatively recent Supreme Court cases on the question of liability for omissions in the tort of negligence that I want to focus on. They are first, the combined cases of HXA v Surrey County Council and YXA v Wolverhampton City Council [2023] UKSC 52, [2024] 1 WLR 335, and, secondly, Tindall v […]
Alexander Liss, ‘IP Disclosure under IP Litigation’
ABSTRACT Legal disputes over the ownership of intellectual property (IP) have tripled over the last three decades, costing the US economy hundreds of billions of dollars. In this paper, I examine how IP litigation affects the disclosure of subsequent innovation. Using the timing of patent pre-grant disclosures, I find that current IP litigation delays the […]
Umakanth Varottil, ‘Corporate Climate Litigation in India: Traversing the Private-Public Law Divide’
ABSTRACT From a normative perspective, the private-public law paradigm in the context of climate litigation offers elegant conceptual clarity, but a positive account reveals constant boundary-blurring. The goal of this chapter is to demonstrate this point using India as a case study. It finds significant challenges in parties’ ability to bring private law claims of […]
‘The solicitors’ duty to advise on their own negligence’
In limited circumstances solicitors have a duty to advise their client that they may have been negligent. Allegations of breach of that duty normally arise in the context of claims which are brought after the normal six-year limitation period, and after three years from the date of knowledge. One may think that such claims would […]
Joshua Fairfield, ‘Digital Property Cycles’
ABSTRACT The present downturn in non-fungible token (‘NFT’) markets is no cause for immediate alarm. There have been multiple cycles in both the legal and media focus on digital intangible property, and these cycles will recur. The cycles are easily explainable: demand for intangible property is constant, even increasing. The legal regimes governing ownership of […]
József Benke, ‘On Creditor’s Default in Sales Contracts in Ancient and Modern Laws on the Example of Pomp D 19, 1, 9’
ABSTRACT The paper analyses the problem of creditor’s default that arise in a classical Roman legal text in Justinian’s Digest (Pomp D 19, 1, 9), which is a little-discussed source about a buyer who did not want to collect the purchased stones from a property. After a detailed systematic analysis of the case, the medieval […]