Monthly Archives: December, 2025
Ilze Plakane, ‘Good Faith in Civil Procedure: The Latvian Experience’
ABSTRACT Civil procedure has traditionally been viewed as a means of resolving disputes between two parties, with the court providing a formal framework for the proceedings, focusing primarily on delivering a judgment and leaving the conduct of procedural activities largely at the parties’ discretion. This article provides insights into the regulation in Latvia, which establishes […]
Luik and Kinkar, ‘Artificial Intelligence and Non-Contractual Liability: Will the Insurance System Replace the Tort System in the Future? An example of autonomous vehicles’
ABSTRACT The rapid advancement of artificial intelligence (AI) technologies, particularly in the development of autonomous vehicles, presents a fundamental shift in the distribution of liability for traffic accidents. This article examines the future of non-contractual liability in the context of fully autonomous vehicles and explores whether the insurance system could eventually replace traditional tort-based liability […]
‘Think you are co-authoring a paper? Think again …’
Recently, the Intellectual Property Enterprise Court (IPEC) evaluated when an individual qualifies as a joint author of an academic article. Applying the principles developed in Kogan v Martin, the Court emphasised that only authorial contributions can form a basis for authorship claims. In 2015, Professor Ardemis Boghossian hired Dr Dejan Djokic as a postdoctoral researcher […]
Rabia Sağlam, ‘Aristotelian Equity and Discretion Thesis in Modern Legal Philosophy’
ABSTRACT This essay explores the Aristotelian concept of equity and the discretionary power of judges within the context of modern legal philosophy. Modern jurisprudence has changed profoundly as a result of the debates between Hart and Dworkin on judicial discretion and the principles of equity. The discretion thesis asserts that judges possess both the authority […]
Ilya Andreevich Kotlyar, ‘Regulae Iuris organized by conceptual, structural, genealogical and bibliographical criteria: A dataset’
ABSTRACT This is a partially complete relational database of Latin regulae iuris, assembled from the early modern collections of rules, maxims and principles of law. The regulae are organized by the criteria of concepts they consist of, their similarity and opposition to each other, their exceptions (fallentiae) and ampliations, found in the same sources, as […]
RonNell Andersen Jones, ‘Democracy preservation and the limits of libel law’
ABSTRACT This Eric Barendt Annual Media Law Lecture considers what American libel law can and cannot do to help preserve liberal democracy. It explores the wave of recent US cases that have attempted to use libel law to protect democracy-preserving truth and examines the ways that it has been an effective instrument in advancing this […]
Le and Bowler-Smith, ‘Problematic Distinction(s) Between Proprietary and Non-Proprietary Constructive Trusts’
ABSTRACT This article critiques Australian equity’s drift towards ‘non-proprietary’ constructive trusts and contrasts it with English law’s institutional model in FHR European Ventures. Using Giumelli v Giumelli, Grimaldi and Bofinger as focal points, it argues that recasting accounting obligations as truncated trusts collapses the distinction between proprietary relief and equitable debt. It proposes a framework […]
‘Top 10 Defamation Cases of 2025: a selection’
Inforrm reported on a large number of defamation cases from around the world in 2025. Following a now established tradition, with our widely read posts on 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024 defamation cases, we present our own eccentric selection of legally and factually interesting cases from England, Scotland, Ireland, Northern Ireland, […]
Brian Bix, ‘Relational Justice and Family Agreements’
ABSTRACT Premarital agreements have always been controversial, and the change to much greater enforceability has not much changed their reception. Many of the criticisms premarital agreements evoke seem connected to the concerns Hanoch Dagan and Avihay Dorfman raise in their book, Relational Justice. That book’s emphasis on our obligation of relational justice to those with […]
‘Tort Liability for Deepfakes: A Comparative Perspective’ (Journal of Tort Law)
Unreal and Unjust: An Enrichment-Based Approach to the Deepfake Dilemma (Ayelet Gordon-Tapiero) € Deepfake Torts: Emerging Tort Frameworks in US Deepfake Regulation (Thomas E Kadri and Sonja R West) Pornographic Deep Fakes: Liability for Breach of Privacy in Cases of Parody? (Tsachi Keren-Paz) Reimagining US Tort Law for Deepfake Harms: Comparative Insights from China and […]