Monthly Archives: July, 2025
Gunawan, Hartzog, Richards, Choffnes and Wilson, ‘Dark Patterns as Disloyal Design’
ABSTRACT Lawmakers have started to regulate ‘dark patterns’, understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them. In this […]
Henderson and Lemley, ‘The Mirage of Artificial Intelligence Terms of Use Restrictions’
ABSTRACT Artificial intelligence (AI) model creators commonly attach restrictive terms of use to both their models and their outputs. These terms typically prohibit activities ranging from creating competing AI models to spreading disinformation. Often taken at face value, these terms are positioned by companies as key enforceable tools for preventing misuse, particularly in policy dialogs. […]
Paterson, Tan and Webb, ‘Generative AI in Small Value Consumer Disputes: Reviving Not Resolving Challenges of Design and Governance in Online Dispute Resolution’
ABSTRACT This article examines the benefits and risks of generative AI use in an important domain that is currently under-serviced by the civil justice system: small value consumer claims, where generative AI has been proposed as a means of closing the access to justice gap. In the field of online dispute resolution (‘ODR’), use has […]
Grenadier and Grenadier, ‘Third-Party Litigation Financing Under a Veil of Secrecy: The Equilibrium Consequences of Disclosure Requirements’
ABSTRACT Third-party litigation finance is an increasingly popular practice in commercial litigation. Despite calls for mandated disclosure, litigation funders are mostly anonymous to defendants, judges and juries. We first present an equilibrium model of litigation, with endogenous settlement and trial, where plaintiff financing is private information. Defendants use the plaintiff’s response to settlement offers to […]
Matthew Bodie, ‘Liability, Property, and Inalienability Rules in Employee Data Regulation’
ABSTRACT The regulation of employee data presents a complex legal challenge at the intersection of privacy, property, and liability rules. Current frameworks primarily rely on liability rules, where employers are permitted to collect and use employee data as long as they provide compensation for any resulting harm. However, this approach fails to account for the […]
Zemach and Adar, ‘Reliance as Promise’
ABSTRACT In the face of powerful criticism, the ‘reliance interest’ continues to hold an impactful position in judicial and academic treatment of contract damages. And yet, the theoretical foundation of reliance damages for breach of contract remains unsettled. This Article exposes the inability of the reliance scholarship to coherently explain and justify the widespread judicial […]
Benjamin Hayward, ‘The Interpretation of UNCITRAL Law in Australian Courts: A Roadmap for Elevating the UN Sales Convention’s Status to That of Arbitration Law’
ABSTRACT Despite being part of Australian law for more than 30 years, the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) has not secured the internationally minded interpretation that CISG art 7(1) requires. Australia’s international commercial arbitration (‘ICA’) laws, however, are routinely approached by Australian courts with an internationalist perspective, as […]
John Murphy, ‘Reassessing Remoteness of Damage in Tort’
ABSTRACT Remoteness of damage in tort is nowadays a largely neglected topic among tort law jurists. Yet why this should be so is perplexing: not just because remoteness rules possess considerable theoretical and practical significance, but also because the law lacks clarity – there being several different tort remoteness rules in operation – and because […]
Call for Abstracts: ‘The Corporate Chameleon: Transformations and Trends in Corporate Law’: University of Western Australia Law School, 1-3 February 2026
The committee invites the submission of abstracts for consideration for the parallel sessions, which critically reflect on various aspects of the conference theme, including: • Theories of the corporate person; • Corporations, partnerships and other business structures; • Trends in corporate liability mechanisms, such as FAR, BEAR, failure to prevent, and outcomes-based regulation; • Conceptions […]
Tommaso Fia, ‘Unfair Terms Review in the Data Act: An Effective Means for Institutionalising Data (Markets)?’
ABSTRACT This paper critically assesses the core components, rationales and functioning of unfair terms control in B2B data-related transactions (art 13 Data Act). In doing so, it situates this tool within the most common contractual trends characterising data markets, and gauges its ultimate role for what Elaine Fahey termed ‘data institutionalisation’ in the EU. First, […]