Monthly Archives: January, 2026
‘Slowing Down the Clicks’
Brett Frischmann and Moshe Y Vardi, ‘Better Digital Contracts with Prosocial Friction-in-Design’, 65 Jurimetrics Journal 1 (2025). Brett Frischmann and Moshe Y Vardi’s article, ‘Better Digital Contracts with Prosocial Friction-in-Design’, wrestles with perhaps the most vexing problem facing contract law today – what to do about the proliferation of digital contracts that infest our screens. […]
Karel Brychta, ‘Between transparency and protection of privacy: the impact of CJEU jurisprudence on the regulation of beneficial ownership register’
ABSTRACT This article examines the profound impact of the landmark judgment of the Court of Justice of the European Union (CJEU) in WM and Sovim SA v Luxembourg Business Registers on the regulation and enforcement of Beneficial Ownership Registers in the Czech Republic. The judgment, by invalidating the provision for unrestricted public access, fundamentally shifted […]
Ignacio Cofone, ‘The Privacy Paradox Is a Misnomer: Data Under Structural Uncertainty’
ABSTRACT The infamous privacy paradox refers to the apparent inconsistency between people’s stated concern for privacy and their readiness to disclose personal information. This phenomenon has sparked two largely disconnected literatures: one offering experimental evidence of inconsistent behavior, and another providing qualitative accounts and defending the importance of privacy. The Article presents an online field […]
Hiller and Sewell, ‘Presumptions of AI Malfunction: A Judicial Response to AI Harms’
ABSTRACT In stark contrast to the recently revoked federal policy meant to incentivize the adoption of safe, secure, and trustworthy artificial intelligence systems, the July 2025 Winning the Race, America’s AI Action Plan succinctly summarizes its approach as ‘Build, Baby, Build!’. Public discourse, as well, vacillates between artificial intelligence (AI) as a savior or an […]
Jobling and Dolphin, ‘Are pets truly members of the family? New provisions relating to “companion animals” in the Family Law Act 1975 (Cth)’
ABSTRACT This article considers the new provisions to the Family Law Act 1975 (Cth) (‘FLA’) that came into effect in June 2025, which recognise ‘companion animals’ as a category of property to be dealt with upon a relationship breakdown. Animals have not been included in the FLA previously; the new provisions are significant as they […]
Byung-Cheol Kim, ‘Preliminary Injunctions, Settlement, and Error-Locking’
ABSTRACT When plaintiffs seek preliminary injunctions, courts provide early signals about case merits that shape settlement negotiations. I analyze how the accuracy of these signals affects litigation outcomes. Denial and grant both affect settlement, but asymmetrically. Denial weakens the plaintiff’s bargaining position and increases settlement – the plaintiff accepts less favorable terms. Grant strengthens the […]
Domagoj Vujeva, ‘Freedom, property rights and the state. The moral ground of political obligation in Kant’s Rechtslehre ’
ABSTRACT It his Doctrine of Right Kant makes property rights the reason of our duty to leave the state of nature and enter the civil condition. This article aims to show that the point of Kant’s argument is not that the state is not needed already for safeguarding the exercise of our innate right to […]
Ilias Ioannou, ‘Is the Electronic Trade Documents Act 2023 Sufficient to Promote the Uptake of Paperless Trading Systems?’
ABSTRACT In September 2023, the Electronic Trade Documents Act (ETDA) came into force in the UK. It aims to facilitate paperless trade by allowing certain trade documents in electronic form to have the same legal functionality as their paper counterparts. The question this article poses is whether the ETDA, and similar legislative initiatives in other […]
Mala Chatterjee, ‘A Functionalist Theory of Legal Persons’
ABSTRACT This Article defends a functionalist theory of legal persons that substantively unifies individuals, corporations, and other constructed or juridical persons, and then canvasses revisionary implications for law. In more words, I argue that, because the law has (and ought to have) an instrumentalist conception of the world, legal persons are defined and delineated on […]
Aaron Lane, ‘Private Law Remedies for Cryptocurrency Fraud’
ABSTRACT This chapter provides an analysis of legal mechanisms to addressing fraud and scams involving cryptocurrency, drawing on both practical legal experience and the new comparative economics. Although illicit transactions account for a small portion of total cryptocurrency transaction volumes, individuals incur significant private losses and there are unique enforcement challenges in the Web3 ecosystem. […]