Monthly Archives: January, 2026
‘Sponsoring Torts: Reconceptualizing Platform Liability’
Jordan Wallace-Wolf, ‘A Novel Tort Duty for Platforms that Intermediately Produce Real World User Interactions’, 18 Journal of Tort Law 439 (2025). In an illuminating article, ‘A Novel Tort Duty for Platforms that Intermediately Produce Real World User Interactions’, Jordan Wallace-Wolf proposes that we recognize that a distinctive duty of care should attach to internet […]
Liubomir Nikiforov, ‘Closing the EU Collective Redress Gap: GDPR, RAD and the AI Act for Algorithmic Harms and Digital Fairness’
ABSTRACT Collective actions are gaining traction in the EU, yet the main instruments governing data, consumers and AI remain structurally misaligned with how algorithmic systems generate harms. This paper identifies an ‘EU collective redress gap’ for harms to algorithmic ‘groups of persons’. It uses doctrinal comparison of the GDPR, the Representative Actions Directive (RAD) and […]
Yi Xuan Wong, ‘A Remedy of One’s Own: Damages under the HRA 1998’
ABSTRACT Section 8(3) of the Human Rights Act 1998 permits UK courts to award damages if satisfied that the award is necessary to afford the claimant ‘just satisfaction’. This article has two aims. First, it unpacks how UK courts have approached the question of what constitutes ‘just satisfaction’ through an empirical study of all existing […]
PT Babie, ‘Searching Marx for Property’s Obligations’
INTRODUCTION Mainstream contemporary legal theory often overlooks Marxist theories of law, for all of the obvious reasons. Yet there may sometimes be valuable insights contained in Marxist analyses that can provide guidance with respect not only to legal theory, but also to law reform efforts. The recent publication of Paul O’Connell and Umut Özsu’s Research […]
Alexandre Piron, ‘Do we still need brands? Revisiting the essential function of trade marks and the consumer model in AI-mediated commerce’
ABSTRACT Artificial intelligence (AI) is increasingly shaping consumer purchasing decisions and transforming the informational environment in which brands operate. This development challenges both the trade mark law system in performing its essential function of indicating commercial origin and the human-centred model of the consumer. Key AI-mediated shopping use cases, such as recommender systems, chatbots and […]
Gabriel Lentner, ‘Generative AI and copyright in the EU and the USA: a view from international investment law’
ABSTRACT Generative artificial intelligence has disrupted traditional copyright frameworks by enabling large-scale ingestion of protected works for model training, sparking litigation and regulatory responses in the USA and the EU. While existing debates focus on domestic law doctrines such as fair use and text-and-data-mining exceptions, this article explores an underexamined dimension: the potential role of […]
‘Clarity is king when waiving your rights’
The Court of Appeal has provided helpful guidance on the circumstances in which the English courts will uphold waivers of valuable legal rights. The key is to ensure the contractual wording is sufficiently clear – and the more valuable the right, the clearer the wording must be … (more) [A&O Shearman, 12 January 2026]
David Schorr, ‘Against “Anglicization”: Class, Codification, and the Common Law in Palestine’s Civil Wrongs Ordinance’
ABSTRACT This article explores the enactment of the Civil Wrongs Ordinance in Mandate Palestine in order to question the utility of ‘Anglicization’ as a historical lens, and to suggest that it tends to crowd out more helpful framings, in particular those involving distributive or class motivations and effects. The Ordinance has been portrayed primarily as […]
Adil Abdulla, ‘Standing is a Nuisance: The Case for Abolishing Certain Limits on Standing for the Tort of Public Nuisance’
ABSTRACT A private claimant can only sue in public nuisance if they suffered special damages or have the consent of the Attorney General (the ‘Standing Rule’). The Standing Rule was initially designed to prevent multiple trials, frivolous claims, claims brought for improper motives, and political litigation. The first three of those purposes are obsolete. They […]
Rostill and Mrockova, ‘Leases and the Nature of Co-ownership’
ABSTRACT When two parties wish to co-occupy a piece of land as co-lessees, two sets of requirements must be satisfied. First, the requirements of a valid lease. Second, the requirements imposed by the law of co-ownership. This chapter aims to examine two questions that arise as a result of the overlap of these two sets […]