Monthly Archives: February, 2026
Güzide İrem Can, ‘Rethinking Copyright Through Sustainable Creative Use: The Upcycling Problem’
ABSTRACT Nowadays with the increase in production and consumption processes, the threat of an environmental crisis is becoming more serious, and the understanding that a transition to sustainable practices is necessary. When looked from the perspective of copyright law, the question of how to find solutions to this need to change and how the use […]
Adam Moore, ‘Intellectual Property, Personality, and Misrepresentation’
ABSTRACT Incentives-based utilitarian arguments justify intellectual property rights as tools to bring about good consequences. By promising and protecting various rights, institutions of intellectual property-copyright, patent, trade secret-incentivize authors and inventors to create new and useful intellectual works. This innovation, in turn, leads to higher levels of health and wellbeing for everyone. A second kind […]
Sue Carr, ‘Unjust Enrichment: Is There a General, Underlying Theory?’
INTRODUCTION In 1939, a twice-weekly series of lectures was given, each two-hours long and unscripted, not far from here in a turret room, no doubt, in King’s College, just along the Backs from here. They were given by the Austrian philosopher Ludwig Wittgenstein, on the foundations of mathematics. Amongst many others, they were attended by […]
Chilton, Macey and Versteeg, ‘Contemporary Law and Economics’
ABSTRACT When law and economics (L&E) emerged as a field in the middle of the twentieth century, it focused on using economic theory to study the common law. During this period, L&E offered insights so novel that it not only profoundly influenced legal doctrine, but the movement’s key figures also became some of the most […]
William Flenley, ‘Artificial intelligence and lawyers’ negligence’
It is said that lawyers, like university students, are greatly increasing their use of artificial intelligence, or AI. This may, of course, lead to errors which cause clients loss. Those would normally be the subject of claims in the tort of negligence. But, as Dr Philip Morgan points out in a highly illuminating chapter in […]
Son Tan Nguyen, ‘The Applicability of Product Liability to Artificial Intelligence Systems’
ABSTRACT In this article I examine the applicability of the Australian Consumer Law provisions on product liability for defective goods to artificial intelligence (‘AI’) systems. I argue that significant reforms are necessary to effectively address defects in AI systems. Key areas for reform include clarifying the term ‘component’ of goods to encompass digital elements such […]
Ekaterina Aristova, ‘Strategic Business and Human Rights Litigation: It Is a Marathon, not a Sprint’
ABSTRACT Strategic litigation has emerged as a prominent tool in the business and human rights (BHR) field, offering a pathway to promote corporate accountability, test innovative legal arguments and push for systemic change. While often framed as private tort actions, such litigation frequently aims to shape broader norms beyond individual remedies. This article explores how […]
Sue-Mari Viljoen, ‘Tracing Civil-law Property in Land Reform and Housing: Tenacious Traditions and Divides’
ABSTRACT Post-apartheid South Africa inherited grave property divisions along racial lines, which constitutionally ordained property and housing provisions set out to redress along egalitarian lines. The article unpacks this property reform imperative from a distinctly civil-law perspective. Civil-law traditions, specifically the concept of property and the public/private divide, are critically reflected on to trace the […]
‘Lost Years Claims following CCC v Sheffield Teaching Hospitals [2026] UKSC 5′
When the Claimant was born, she suffered severe brain injury caused by hypoxia, as a result of clinical negligence. Following a trial before Ritchie J, she was awarded a lump sum of £6,866,615 plus periodical payments of £394,940 pa. Included in that sum was £160,000 for the Claimant’s loss of earnings to age 29 which […]
‘Accounts of profits and threats: Luxe World v Touch of Vogue’
In a recent case (Luxe World Ltd v Touch of Vogue Ltd and Another [2026] EWHC 148 (IPEC)), the court has struck out a claim seeking an account of profits in relation to a claim for unjustified threats and ordered the claimant to specify the amount of its claim and pay the appropriate monetary fee. […]