Monthly Archives: February, 2026
Adrian McCullagh, ‘Crypto Assets as Property and the Use of Stablecoins in Australia’
ABSTRACT This paper examines the possible use of stablecoins in real property transactions and the tokenisation of real world assets in Australia. McCullagh, Adrian, Crypto Assets as Property and the Use of Stablecoins in Australia (December 22, 2025).
Xiaoshui Zhai, ‘Autonomous systems: how should contract law treat such autonomy?’
ABSTRACT Autonomous systems based on artificial intelligence (AI) are increasingly used in automated contracting. Unlike traditional computer programs, autonomous systems are capable of independently formulating and executing contractual decisions based on environmental inputs, without direct human intervention. Their growing use raises important questions regarding the adaptability of existing contract law. This paper examines three key […]
Yuksel Calli, ‘Unjust Enrichment as a Normative Operator: Mapping Restitution in a Pre-Metric Normative Space for AI-Augmented Legal Reasoning’
ABSTRACT Unjust enrichment is often described as a third pillar of private law, distinct from contract and tort, yet its practical operation is deceptively hybrid: it simultaneously gates entitlement (whether restitution is due) and calibrates magnitude (how much is due). This paper treats unjust enrichment as a ‘normative operator’ that transforms a fact pattern into […]
Michels and Millard, ‘Property Rights in Virtual Things: Digital Files, Revisited’
ABSTRACT In this paper, we explore whether English law can develop an in rem property right in digital files by analogy to the rules that govern things in possession. We argue that the law can recognise a control-based relative title to digital files, backed by a remedy for return or damages in case of third-party […]
‘Do oat stalks have udders? Consumer confusion in the Supreme Court’
The Supreme Court has just come up with a ruling in an attempt to end a dispute over non-cow based milk products. In April 2021, plant-based company Oatly registered the trade mark ‘POST MILK GENERATION’ for use in relation to certain categories of products. The issue on this appeal was the validity of that trade […]
Giuseppe Colangelo, ‘Lost in Translation? Injunctions and Patent Enforcement in a Transatlantic Perspective’
ABSTRACT As the European Directive on the Enforcement of Intellectual Property Rights (IPRED) marked the twentieth anniversary of its adoption, renewed calls have emerged for its revision, aimed at fostering a more effective application of the principle of proportionality in patent enforcement. Proponents of reform argue that injunctive relief continues to be granted in an […]
Viva Moffat, ‘Copyright and the University’
ABSTRACT Who owns the copyright in this Article? It turns out that this is a surprisingly difficult question to answer. I am the author – I wrote the words, I did the research, I collected and analyzed the data – but it is not clear that I am the ‘author’ for copyright purposes and therefore […]
Weisbord, Horton and Cahn, ‘Secrecy in Trust Litigation’
ABSTRACT The right to transfer property is a core part of ownership’s ‘bundle of sticks’. To effect a transfer, property owners can choose from among several conveyance forms, some offering greater privacy than others. While real property deeds must be recorded and wills often require court-supervised probate administration, trusts have long been the centerpiece of […]
Raffael Fasel, ‘Robot Rights without Human Frights’
ABSTRACT The advent of artificial intelligence (AI) and the prospect that AI may attain sentience has prompted some scholars to call for legal personhood and fundamental rights for AI. These calls have met with criticism by those who fear that granting rights or personhood to AI would blur the line between humans and AI and […]
John Tayu Lee and others, ‘What Is Responsible AI in Healthcare? A Systematic Review of Key Principles, Legal Guardrails, and Systems-Thinking Framework’
ABSTRACT Background: Responsible Artificial Intelligence (Responsible AI) has emerged as a central theme in the global discourse on ethical and trustworthy AI in healthcare. However, there are no universally agreed definition of what constitutes ‘responsible AI’, the set of underlying principles that should guide development of responsible AI and the approaches used in its assessment. […]