Monthly Archives: February, 2026
Claudio Agüero San Juan, ‘The concept of vulnerability in law’
ABSTRACT This article clarifies the legal concept of vulnerability by reconstructing its conceptual structure, rather than defending a substantive theory of justice. I advance three claims. First, vulnerability is a thick (non-essentially evaluative) concept: it retains a descriptive core while being routinely used to support normative and institutional conclusions in legal reasoning. Second, vulnerability is […]
Lea Bishop, ‘A Review of AI Copyright Scholarship 1982-2025’
ABSTRACT This annotated scholarly bibliography collects eighty-two essential works spanning four decades of scholarship on copyright and artificial intelligence. Its curator, a US legal scholar of generative copyright, traces the field from 1980s roots, through the 2023 ChatGPT turning point, and into the 2025 era of litigation. The structure captures and maps the questions and […]
Barbara Ballan, ‘Climate-washing Litigation: From Puffery to Material Lies’
ABSTRACT We are living in an age of information on the verge of a climate catastrophe. Access to data and increasing awareness of climate risks create consumer interest and demand for climate-friendly products and services. The use of climate-related information for advertising purposes can generate value that boost businesses’ revenue. Conversely, misinformation can also generate […]
Abraham and Sharkey, ‘Untangling AI Liability’
ABSTRACT This Article is the first full consideration of the role tort law can play in addressing the harms that socially beneficial Artificial Intelligence technologies may cause. Such harms, which pose tort liability issues of both principle and policy, have thus far evaded comprehensive scholarly analysis. The seemingly insurmountable difficulties posed by the ‘black-box’ problem […]
Larsen and McSweeney, ‘Medieval Treatises and the Judicial Search for a Useable Past’
ABSTRACT The Supreme Court’s recent turn to history and tradition has prompted a renewed interest in the far distant past – the laws and customs of the Middle Ages. But medieval treatises are full of traps for the unwary. This article – a joint enterprise between a medieval legal historian and a Supreme Court scholar […]
Buccafusco and Mazzurco, ‘Style Marks’
ABSTRACT Throughout history, artists have copied others’ styles. Today, generative artificial intelligence (AI) has made it trivially easy for anyone to produce images, songs, or other creative works ‘in the style of’ virtually any remotely well-known artist. As AI-generated content floods the market – from Kusamastyle polka-dotted mugs on Etsy to Miyazaki-style family portraits – […]
Ela Leshem, ‘Normative Transplants: The Case of Ships as Legal Persons’
ABSTRACT What does the legal personhood of ships contribute to theories of legal persons? Ships became legal persons in US law through a process of ‘normative transplantation’. I coin this term to describe the migration of concepts between normative orders. In the case of ships, the conception that they are persons migrated from the normative […]
Amir Bushansky, ‘From Presumed Intent to Programmed Performance: Smart Contracts and the Future of Contract Law’
ABSTRACT Smart contracts – self-executing agreements operating on decentralized blockchain networks – challenge the fundamental assumptions underlying traditional contract law. This Article challenges the prevailing scholarly approach that seeks to reshape smart contracts to fit existing doctrinal frameworks. Instead, it argues for adapting contract law itself to better accommodate smart contracts, given their unique advantages […]
Paul Miller, ‘Good Faith as Integrity: Good Faith and the Nature of Voluntary Obligation’
ABSTRACT Good faith is a protean concept: it takes on different shades of meaning, and has been made to do many quite distinctive things, in private, public, and international law. These qualities have made good faith perplexing. Partly in consequence, conventional wisdom on good faith is decidedly anti-theoretical. Some have argued that good faith is […]
Mauro Zamboni, ‘From margins to mainstream: the place of legislative studies in legal scholarship’
ABSTRACT This article examines the enduring marginalization of legislative studies within legal scholarship and argues for its reintegration as a central field of inquiry. Despite legislation’s foundational role in modern legal systems, legal scholars (particularly within civil law traditions) have historically neglected the study of law-making processes, focusing instead on constitutional adjudication and statutory interpretation. […]