Monthly Archives: July, 2025
Crescente Molina, ‘The Conceptual Foundations of Contract Formation’
ABSTRACT The aim of this essay is to explore different possible ways of thinking about the connection between the nature of contractual agreements and the rich array of notions that comprise the structure of contract formation. I start from one axiom regarding the nature of contracts: contractual obligations and rights are necessarily brought about by […]
Shanklin, Hine, Novelli, Schroder and Floridi, ‘The Case for Contextual Copyleft: Licensing Open Source Training Data and Generative AI’
ABSTRACT The proliferation of generative AI systems has created new challenges for the Free and Open Source Software (FOSS) community, particularly regarding how traditional copyleft principles should apply when open source code is used to train AI models. This article introduces the Contextual Copyleft AI (CCAI) license, a novel licensing mechanism that extends copyleft requirements […]
Sharon Shakargy, ‘De Facto Relationships in Israel’
ABSTRACT This article examines the legal recognition and implications of de facto relationships in Israel, where marriage is governed exclusively by religious law. In response to the lack of civil marriage, three alternative frameworks have emerged: ‘leap marriages’ (civil marriages performed abroad), Spousal Covenants (for citizens without religion), and Reputed Couples (unregistered cohabiting partners recognised […]
Jabotinsky and Sarel, ‘Attitudes toward the Corporate Sustainability Due Diligence Directive: Survey Evidence’
ABSTRACT This study examines public attitudes toward the enforcement mechanisms of the European Union’s Corporate Sustainability Due Diligence Directive (CS3D) across ten member states. Through a factorial survey design, we investigate how support varies across different dimensions: enforcement type (civil liability versus regulatory fines), scope (firms’ own activities versus suppliers’ activities), and application domains (human […]
Frederick Rieländer, ‘Policing Consumer Contract Terms under US and EU Law: A Comparative Analysis of the Directive 93/13/EEC on Unfair Terms in Consumer Contracts and the Restatement of Consumer Contracts’
ABSTRACT The control of standard contract terms has become one of the most important yet controversial areas of contract law. By comparing the Directive 93/13/EEC on unfair terms in consumer contracts with the recently adopted US Restatement of Consumer Contracts, this Article sheds light on the relative strengths and weaknesses of the EU and US […]
Research Fellowship Opportunity in Personal Injury Law – Centre de Recherche en Droit Antoine Favre
The Centre Antoine Favre, recognized as a national center of excellence in personal injury law research, is launching a call for applications for a research fellowship designed to fund a 2-4 week research stay in the field of personal injury law. Key Details: Duration: 2-4 weeks; Period: October to December 2025; Location: Jacob-Bellecombette Campus, Chambéry, […]
Urs Schweizer, ‘Group causation theories and deterrence of tortious acts’
ABSTRACT This paper examines a model with multiple actors, each of whom faces a binary action choice. The action choice imposes harm on a victim that depends on the number of actors who enter or, alternatively, who deviate from a due care standard. The paper examines incentive and welfare effects from per-capita liability under simultaneous […]
Andreas Peters, ‘Is Europe Hindering Medical Innovation? Unraveling the Patent Time Trap’
ABSTRACT This study explores how patent rules and economic factors affect the development of new medical devices, like heart monitors or surgical tools, in Europe. Using advanced computer models, we found that extending patent protection by 3 years through Supplementary Protection Certificates (SPCs) can boost companies’ innovation efforts by 13.7% (with 95% confidence between 12.9% […]
‘Profiteering fiduciaries and their little helpers’
There’s some serious equity argument in today’s Supreme Court decision in Stevens v Hotel Portfolio II [2025] UKSC 28, of a kind you probably only dimly remember from the third year at law school. But don’t worry. The spadework has now been done for you, and the result of the case is simple enough. If […]
Tomer Stein, ‘Rights Architecture For Legal Organizations’
ABSTRACT Corporate law cannot provide coherent answers to its most basic questions. Courts struggle to explain what rights shareholders possess, what duties directors owe, and whose authority controls when shareholders and management disagree. When directors routinely refuse shareholder demands in operational decisions or governance disputes, legal theory and doctrine offer confused metaphors about ‘ownership’ and […]