Monthly Archives: July, 2025
Joseph Singer, ‘Living Property’
ABSTRACT The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v Hassid (2021) and Tyler v Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, […]
Neill, Lee and Thomas, ‘A Framework for Applying Copyright Law to the Training of Textual Generative Artificial Intelligence’
ABSTRACT The rise in the popularity of consumer-facing generative artificial intelligence (‘GenAI’) has created considerable confusion and consternation among some copyright owners. Copyright owners argue that GenAI’s ability to automatically generate works is made possible by large-scale direct infringement by OpenAI, Microsoft, and other major GenAI developers. This article explores the application of copyright law […]
Dylan Clarke, ‘An Economic Approach to Interpretation’
ABSTRACT This Essay develops an economic approach to statutory and contractual interpretation. The economic approach to interpretation understands ‘things’ as inherently economic objects that drafters intend to specify to include close-to-perfect substitutes or similar fairly priced items by the market. Several difficult cases involving exclusivity clauses, the exchange of land, and options contracts are resolved […]
‘Two Frameworks for Employee Data Empowerment’
Veena Dubal, ‘Data Laws at Work’, 134 Yale Law Journal Forum 405 (2025); Ifeoma Ajunwa, ‘AI and Captured Capital’, 134 Yale Law Journal Forum 372 (2025). The Yale Law Journal Forum recently hosted a collection of essays under the rubric of ‘Reimagining and Empowering the Contemporary Workforce’. Two of these works deal specifically with the […]
Daniel Benoliel, ‘Intellectual Property Inequality Alleviation’
ABSTRACT The concept of economic inequality driven by the concentration of Intellectual Property (IP) is emerging as a novel framework for understanding economic disparities. This arises from the unique implications of IP on market structure and competitive dynamics. Traditionally, competition law has focused on preventing market power abuses that can arise from monopolies and cartels. […]
Mira Moldawer, ‘Publicity Rights Metamorphosis: From The Right to Evoke to the Ultimate Evoked Rights’
INTRODUCTION The Copyright Office defines the right of publicity as an Intellectual Property (‘IP’) right addressing ‘[t]he use of individuals’ personas in commercial contexts, aiming to prevent others from profiting from unauthorized uses’. The Register of Copyrights report classifies two stages of publicity rights evolution. First, publicity rights as the tort of privacy, which Samuel […]
Raymond Yang Gao, ‘Forum Shifting to Regulate Data Privacy: The Creation and Evolution of EU Data Protection Law’
ABSTRACT Currently, the European data privacy regime has become one of the most influential legal frameworks regulating data privacy protection and cross-border personal data transfers. Despite a burgeoning body of scholarship on EU data protection law, the questions of why and how the EU adopted this regulatory approach remain understudied. Contrary to conventional wisdom, European […]
Martin Senftleben, ‘Fashion Upcycling: The Problem of Overlapping Intellectual Property Rights and How to Solve it’
ABSTRACT Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing: using second-hand garments as raw materials for new creations, upcyclers can transform used pieces of clothing into new fashion products that may become even more sought-after than the source material. The productive reuse of garment components in upcycling projects is socially desirable in […]
Jennifer Gant, ‘Floating Charges and Moral Hazard: Finding Fairness for Involuntary and Vulnerable Stakeholders’
ABSTRACT The floating charge as a concept undoubtedly affords a considerable amount of preference and control to the creditor who owns it and to the debtor which can continue to deal with the charged assets, and to potentially dissipate them in the normal course of business. Such power may overshadow any preferences and priorities available […]
‘SLAPPS: past, present and future’
On 4 July 2025, one year to the day since the last general election, Conservative MP Greg Stafford’s SLAPP Bill came up for its second reading in the House of Commons. The House ran short on time to debate it (unsurprisingly given it was eighth on the list of bills up for consideration in that […]