Monthly Archives: July, 2025
Geiger, Scalzini and Bossi, ‘Time to (Finally) Reinstall the Author in EU Copyright Law: From Contractual Protection to Remuneration Right’
ABSTRACT The fair remuneration of authors and performers for the exploitation of their work is at the core of the rationales of copyright and related rights. Furthermore, the remuneration of creators benefits from strong fundamental rights justification at the international and European level. However, the copyright system has since its inception poorly delivered on this […]
Rebecca Vangelos, ‘Chronically Online: Apportioning Liability in Social Media Litigation Based on User Engagement’
ABSTRACT The average American teenager spends nearly five hours on social media every day. This result is by design: social media platforms like Instagram, Snapchat, and TikTok deploy persuasive technologies – including infinite scroll, personalized content recommendation feeds, and dark patterns – to capture and retain teen attention. These intentional design features exploit adolescent vulnerabilities […]
Per Laleng, ‘Insane Killers and Their Claims for Compensation: Lewis-Ranwell Heads to the Supreme Court’
ABSTRACT This article explores the forthcoming Supreme Court case of Lewis-Ranwell v G4S Health Services, which will clarify whether a claimant acquitted of murder by reason of insanity can bring tort claims for losses caused by their own unlawful acts. The case will test the scope of the illegality defence under the framework established in […]
Call for Papers: Conflicts of Rights in Public and Private Law, Oxford, 16-17 December 2025
Many types of legal dispute present the problem of how to ‘balance’ the competing or conflicting rights or interests of multiple parties. The language of balancing competing rights appears in academic and judicial discourse surrounding human rights, equalities, tort, remedies, property, and many other areas of law. At the same time, there is lively philosophical […]
Christopher Whytock, ‘The French Private International Law Codification Project: A View from the United States’
ABSTRACT This is a contribution to a colloquium held at the Université Jean Moulin Lyon III on comparative perspectives on the recently proposed French private international law codification. The contribution offers a view from the perspective of the United States, including comparative observations on the codification project in France and the current Restatement (Third) of […]
Christopher Ryan, ‘Class Action Cy Près Revisited’
INTRODUCTION Nearly 60 years ago, Rule 23 of the Federal Rules of Civil Procedure, governing class actions in the federal courts, was subjected to substantial revision. Notably, the revisions changed the rule to make decisions in class action suits brought under Rule 23(b)(3) binding on members of the represented class who did not choose to […]
David Capper, ‘“Newcomer” Injunctions – Quia Timet Plus’
INTRODUCTION Quia timet injunctions are an established weapon in the courts’ arsenal of remedies to deal with potential invasions of the claimant’s legal rights. The typical scenario is that the defendant is engaging in activity that likely presents a significant risk of tortious interference with the claimant’s rights. Instead of waiting for the wrong to […]
‘Remembering Guido Alpa’: King’s College London, 29 July 2025
A one day conference addressed to practitioners, teachers, students and researchers of law focusing on developments in consumer law across jurisdictions in the context of technological innovations including artificial intelligence … (more, registration)
Gianclaudio Malgieri, ‘Scalable Fairness’
ABSTRACT Can the principle of fairness serve as a scalable legal tool for enforcing fundamental rights horizontally against powerful digital platforms? This paper explores how fairness duties should be directly proportional to power imbalances in the digital economy, where a few private actors – Big Tech in particular – act as de facto gatekeepers of […]
Ghodoosi and Kastner, ‘Against the Drafter: An Empirical and Theoretical Analysis of the Doctrine of Contra Proferentem’
ABSTRACT Contra proferentem, the enduring maxim that directs courts to construe an ambiguity in a contract against its drafter, appears simple on its face. Although it might be best known as a fundamental principle of insurance law, contra proferentem figures in courts’ interpretation of a range of contract types. As an interpretive rule of thumb […]