Monthly Archives: June, 2025
József Benke, ‘No Pain, No Gain’ – A Comparative Analysis of Austrian and Louisiana Contract Law Concerning the Correlation Between Risk-Taking and Irrelevance of Original and Continuing Laesio Enormis’
ABSTRACT For all contracts, the risk component is either the initial lack or the subsequent disruption of the value balance of services. Determining the conditions under which the value of the service and the consideration at the time of the contract’s conclusion (as a matter of invalidity) or at the time of the performance (as […]
Chiara Crivelli, ‘Eighteenth-Century English Marriage and Inheritance Law in Pride and Prejudice’
ABSTRACT This paper examines how Pride and Prejudice reflects the intersection of marriage, inheritance, and gender in late-eighteenth and early-nineteenth-century England, with a focus on the legal implications for women. The central research question is: ‘How does Pride and Prejudice engage with contemporary marriage and inheritance laws to reflect the economic and legal dependencies of […]
Anthony Sangiuliano, ‘Causation and Exposition’
ABSTRACT Theoretical accounts of legal causation have traditionally emerged from tort or criminal law scholarship, only occasionally surfacing in commentary on constitutional law. Given their potential to migrate across jurisdictions to influence debates globally, the role of causation is apt to become a distinctive field of inquiry in comparative constitutional theory. Yet there have been […]
Yeshwant Krishna P S, ‘Rethinking Intellectual Property Rights Regime: A Marxist Approach’
ABSTRACT This paper critically examines the global Intellectual Property Rights (IPR) regime through a Marxist lens, arguing that contemporary systems of IP – especially patent laws – perpetuate capitalist monopolies, hinder innovation, and deepen global inequalities. As society transitions from industrial to cognitive capitalism, the commodification of knowledge and immaterial labor under restrictive IP laws […]
George Ward, ‘Like, Share, and Repost: Content Creator Commodification’
ABSTRACT In 1988, the Supreme Court of New Jersey invalidated a paid surrogacy contract on the basis that there are certain things that money cannot buy. The holding reflects one understanding of commodification theory, which argues that putting something up for sale transforms its very nature. Some scholars argue, for example, that we ought not […]
Teddy Mwaya, ‘Harmonizing Innovation: The Dual Role of Artificial Intelligence in Music Copyright and Creativity in the United States’
ABSTRACT This paper examines the double role of artificial intelligence in the music industry, probing on the impact it has made on artistic creativity while probing the challenges surrounding copyright law. The paper argues that despite the fact that AI is gradually enhancing the music industry, nevertheless, it has raised concerns about copyright infringement because […]
Dina Waked, ‘Jeremy Bentham and the Genesis of Law and Economics: An Alternative Narrative’
ABSTRACT The Law and Economics movement, or economic analysis of law, owes a great debt to Jeremy Bentham. This debt goes as far as to consider his work the genesis of the movement. Yet his role and influence are seldom acknowledged beyond his work on crime and punishment. This chapter sheds some light on three […]
Ursula Cheer, ‘Impact of gender in defamation claims in the United Kingdom and New Zealand’
ABSTRACT This article presents first results of an empirical investigation into the impact of gender in reported defamation claims in the United Kingdom (UK) and New Zealand (NZ) (2014-2024). The study employed quantitative methodology to identify #MeToo claims. Overall it did not reveal a flood of such cases. There was a small number of media […]
de Almeida Leite and Ramos Leite, ‘Platform liability, free speech, and market fairness: transatlantic legal responses to commercial defamation and digital competition’
ABSTRACT This paper presents a comparative legal analysis of commercial defamation and unfair competition in the digital age, focusing on the divergent regulatory approaches of the United States and the European Union. While US law emphasizes freedom of expression and market-driven litigation, the EU favors consumer protection and proactive platform accountability. Through key case studies […]
Saw and Tan, ‘Unpacking Copyright Infringement Issues in the GenAI Development Lifecycle and a Peek into the Future’
ABSTRACT Generative AI (‘GAI’) refers to deep learning models that ingest input data and ‘learn’ to produce output that mimics such data when duly prompted. This feature, however, has given rise to numerous claims of infringement by the owners of copyright in the training material. Relevantly, three questions have emerged for the law of copyright: […]