Monthly Archives: July, 2025
Marinotti and Lubin, ‘Tech Oligarchs and Corporate Vigilantism’
ABSTRACT Big Tech’s unchecked power has evolved from a regulatory crisis into one concerning the rule of law itself. Shielded by the First Amendment, § 230, corporate law, and contract law, technology giants have circumvented traditional government oversight, amassing a level of power that eclipses even that of some sovereign states. No longer guided by […]
Kaiponanea Matsumura, ‘The Illusion of Stability in Family Law’
ABSTRACT Stability is universally accepted as a central value in family law. Within the context of adult relationships, stability determines which relationships the law will recognize and support. Within the context of parent-child relationships, stability determines who will be recognized as a parent, whose parental rights will be terminated by the state, and who, among […]
Nicole Summers, ‘Settlements of Adhesion in Eviction Court’
ABSTRACT Eviction cases make up over a quarter of all cases filed in the federal and state civil courts and have enormous consequences for tenants, who are nearly always unrepresented by counsel. These cases overwhelmingly settle, yet settlement scholars have entirely overlooked eviction both empirically and theoretically. One of the core questions animating settlement scholarship […]
Rob George, ‘Family Law as Social Policy: Taking Family Problems Upstream’
ABSTRACT Family law legislation has often been a focal point for reforms which are aimed as much at changing the societal attitudes and behaviours of family members as affecting their statutory entitlements or how the courts approach family disputes. There has been a tension in the approach of politicians between, on the one hand, using […]
Michael Murphy, ‘Beyond Recognition: A Jurisprudence of the Wound and the Politics of Relational Repair’
ABSTRACT This paper argues that conventional jurisprudence and its cognate, legal pluralism, are illequipped to address contemporary modes of governance that operate through spatial abandonment and the legitimation of harm. Their shared reliance on a ‘politics of recognition’ has degenerated into a managerial discourse that, far from offering recourse, perpetuates colonial logics by forcing the […]
Anke Moerland, ‘Geographical Indications Upgraded: An Overview of the Recent Changes in EU Legislation on GI Protection’
ABSTRACT Geographical indications (GIs) do not usually relate to large-scale industries; nevertheless, they are important for culturally relevant, often labour-intensive niche products that are linked to the region from which they originate. The European Union has recently introduced new legislation that protects GIs online, encourages sustainable practices and, perhaps most importantly, expands the group of […]
Shriyadita Srivastava, ‘Secret trusts in India: reconciling testamentary freedom with legal formalism’
ABSTRACT Secret trusts, a common law doctrine, allow testators to bequeath assets confidentially, bypassing formal testamentary requirements. While the UK recognizes fully and half-secret trusts, Indian law – governed by the Indian Trusts Act, 1882, and the Indian Succession Act, 1925 – prioritizes statutory formalism, leaving little room for such informal arrangements. This article examines […]
Van Anh Le, ‘Copyright of photography and artificial intelligence: a tale of two technologies’
INTRODUCTION The rise of artificial intelligence (AI) has reignited long-standing copyright debates over creativity, originality and authorship. While these debates may seem novel, history suggests otherwise. At its inception, photography was dismissed by many as a purely mechanical process incapable of yielding works deserving of copyright, a sentiment that echoes today’s scepticism towards AI-generated content. […]
Yuanshi Bu, ‘Evolution of Chinese Tort Law in the Post-Codification Era: A Comparative Study Based on Children’s Tort Liability’
ABSTRACT The Chinese Civil Code that was promulgated in 2020 has basically incorporated the pre-existing tort law without significant amendments. This raises the question as to how deficiencies identified in the past will be remedied and how tort law will further evolve. This paper tries to offer answers by examining children’s tort liability, which is […]
Marcowitz-Bitton and Vinizky, ‘Do Trade Secrets Have Gender?’
ABSTRACT The gender gap in intellectual property regimes has been extensively explored in recent years. While patents, copyrights and trademarks have been explored empirically, trade secrecy has not yet been studied. This Article discusses for the first time the tension between trade secrecy and gender, empirically exploring initial findings pertaining to women participation in trade […]