Monthly Archives: July, 2025
Sam Bookman, ‘Indigenous Peoples, Private Law, and Climate Change’
ABSTRACT Indigenous peoples occupy an outsize role in climate government. Many drivers of climate change are also those which have led to the colonisation and subjugation of Indigenous peoples and their laws. While often vulnerable to the effects of climate change, Indigenous peoples are also often agents in leading responses to the crisis. Yet many […]
‘Copyright, AI, and the Future of Internet Search before the CJEU’
It is a busy time in AI and copyright law. Alongside a growing body of academic analysis and media coverage, real-world litigation, possible regulatory measures, and first lower court rulings are now beginning to shape the field. With Like Company v Google, the first groundbreaking AI copyright case is now headed to the Court of […]
‘NHS Resolution resolves record numbers of compensation claims through collaboration’
NHS Resolution’s Annual Report and Accounts for 2024/25, published today, highlights a record 83% of clinical claims being resolved without the need for legal proceedings. In line with NHS Resolution’s strategy to keep patients and healthcare staff out of court, this means that 11,110 clinical compensation claims were resolved through dispute resolution processes rather than […]
Kermit Roosevelt, ‘Choice of Law and Statutory Specifications of Scope’
ABSTRACT Choice of law problems, it is often said, arise because legislatures do not specify the scope of their laws: they do not state explicitly to whom a law grants rights, or where. But what if they do? One view, adopted in the draft Third Restatement of Conflict of Laws, is that choice-of-law analysts should […]
Maxence Rivoire, ‘Cart before the Horse? BSH Hausgeräte v Electrolux and Exclusive Jurisdiction over Patent Validity’
ABSTRACT In a much-anticipated judgment, the Grand Chamber of the CJEU in BSH Hausgeräte GmbH v Electrolux AP reshaped the landscape of cross-border patent litigation in the EU. The case concerned the interpretation of Article 24(4) of Regulation 1215/2012 (Brussels Ia), under which the courts of the European Member State of deposit or registration have […]
Yücedağ, Akkanat Öztürk and Aşıkoğlu, ‘Pay or Consent Models in Europe: Already Outdated or an Overlooked Crisis in Freely Given Consent?’
ABSTRACT The transition from free digital services to paid models has sparked significant debate, particularly concerning the Pay or Consent model which allows users to either pay for services or consent to data processing. This study examines the model’s compliance with the requirement of freely given consent under data protection laws, focusing on decisions and […]
Christopher Whytock, ‘Choice Of Law For Property Issues: The Third Restatement’s Approach In Comparative Perspective’
ABSTRACT In both Europe and the United States, the rules of private international law governing property-related issues are being reexamined. In addition to the Spanish Ministry of Science and Innovation-sponsored project on European private international law and property rights, both the European Association of Private International Law and the European Group of Private International Law […]
Katiyar and Vyas, ‘The Weakness of IPR Law Vis-à-Vis Cross-Border Enforceability Challenges: Structural Injustice, Coercive Diplomacy, and the Urgent Need for Multilateral Reform’
ABSTRACT This paper conducts a critical analysis of deficits in the global intellectual property rights (IPR) regime, with cross-border enforceability and inherent geopolitical coercion being highlighted. Even if the TRIPS Agreement established an international norm, its enforcement requirements surpass the organizational capacity of most developing nations, generating systemic imbalances. Fragmented jurisdictions, prohibitively high litigation costs, […]
Benjamin Gil Friedman, ‘Shared Residual Liability for Frontier AI Firms’
ABSTRACT Powerful AI systems stand to improve our lives dramatically. They also pose substantial risks. Many experts warn that frontier AI systems could cause large-scale, catastrophic events, either by accident or because of malicious human use. Today, frontier AI firms underinvest in preventing such catastrophes. Regulation could help, but there are three major challenges. First, […]
Menell, Lemley, Merges and Balganesh, ‘Intellectual Property in the New Technological Age 2025: Volume I Chapters 1&2 – Perspectives, Trade Secrets’
ABSTRACT Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that reason, we have significantly augmented and revised Intellectual […]