Monthly Archives: November, 2025
Kalyvaki, Nash and McIntosh, ‘AI, copyright, and business: navigating global legal challenges in the era of generative content and digital replicas’
ABSTRACT Artificial intelligence (AI) is revolutionizing content creation, raising significant questions about copyright, authorship, and intellectual property. The integration of AI into creative industries brings both opportunities and risks, as companies need to balance innovation with legal compliance. The advent of technologies like DALL-E, Stable Diffusion, and Midjourney has sparked legal debates over the ownership […]
Catherine Brown and others, ‘The Impact of Artificial Intelligence on Duty and Standard of Care in Legal Practice: A “Disrupting Moment” for Laws That Protect Consumers from Economic Harm?’
ABSTRACT The increasing integration of artificial intelligence (‘AI’) into legal practice introduces a spectrum of automation goals, ranging from systems that merely assist lawyers in decision-making to those that aim to provide fully autonomous legal advice. In particular, the rise of generative conversational artificial intelligence (‘GenAI’), such as ChatGPT, is fundamentally changing the nature of […]
Heikki Marjosola, ‘Legitimating Corporate Power: Shareholderism versus Stakeholderism’
ABSTRACT This article assesses the legitimising strategies of ‘shareholderism’ and ‘stakeholderism’ through the dual lenses of input and output legitimacy widely used in political theory. Here, output legitimacy evaluates corporate decision making by its contribution to societal welfare, whereas input legitimacy requires that corporate decisions reflect the preferences of its legitimate stakeholders. On both fronts, […]
Andrew Gold, ‘The Many Kinds of Justice in Private Law’
ABSTRACT Private law theorists often employ a single type of justice to explain the field. Typically, the chosen type is corrective justice. While it is true that courts look to do ‘justice between the parties’, I will argue that ‘justice between the parties’ is an open-ended category that encapsulates multiple types of justice. Seeing private […]
Vincent Okonkwo, ‘Is Money Money? Digital Currencies, Moneyness, and the Future of the Legal Fiction of Money’
ABSTRACT Most academic analyses on the ‘money’ status of cryptocurrency are performed either formalistically or superficially. The paper on the subject and the unity of conclusions are suggestive of this fact. These assessments religiously ask whether cryptocurrencies meet ‘definitive’ standards of ‘money-ness’ in monetary economics. They would mostly resolve that cryptocurrencies do not. This article […]
Dilek, Skauradszun and Omlor, ‘A New Private International Law for Digital Assets’
ABSTRACT The increasing popularity of digital assets presents significant challenges for private international law, as fundamental conflict of laws rules concerning proprietary issues are often absent. This article outlines a possible approach to a technologically neutral and function based conflict of laws framework. Taking existing instruments into account, it examines in particular the role of […]
Smith and Davis, ‘Al-Thani and another v Al Thani and others [2024] UKPC 35 – creative arguments and the transmissibility of shares following the death of a shareholder’
ABSTRACT This article discusses the recent decision of the Privy Council in Al-Thani & anr v Al Thani & ors [2024] UKPC 35, which considers whether shares are classified as moveable or immovable property under the law of the British Virgin Islands and the implications of this on their transmissibility following the death of a […]
Crettez and Obidzinski, ‘The Choice of Land Titling System and the Blockchain’
ABSTRACT Should the advent of the blockchain lead to the reorganization or even the replacement of traditional land titling systems? In addressing this issue, we first generalize the model developed by Arruñada and Garoupa (2005) to study optimal land titling systems. Instead of considering only recording and registration alone, we examine an a priori infinite […]
Jane Thomson, ‘Public Order and Capricious Wills in Quebec: Some Important Lessons for the Rest of Canada’
ABSTRACT Quebec is a leader when it comes to avoiding testamentary conditions that perpetuate discrimination. It has held this a position for over a century, with its public order decisions long pre-dating famous common law cases hailed as firsts in this area of the law. Some might balk at the idea of citing Quebec jurisprudence […]
Seyed Zavarei, ‘Teaching contracts backwards: benefits of starting with remedies in contract law pedagogy’
ABSTRACT This paper advances the thesis that beginning contract law instruction with remedies offers significant pedagogical advantages. While most contract law courses follow a traditional sequence beginning with formation, this paper claims that starting with remedies provides students with a more concrete foundation for understanding contract law’s theoretical underpinnings. The paper traces the historical development […]