Monthly Archives: March, 2026
Edward Lee, ‘Vibe Coding Authorship’
ABSTRACT Copyright law faces seismic disruptions caused by artificial intelligence (AI). ‘Vibe coding’ – or a person’s use of natural-language prompts to an AI generator for it to write the actual lines of computer code – has led to a copyright contraction. Under the restrictive view of ‘human authorship’ adopted by the US Copyright Office, […]
Michael Palmieri, ‘Malpractice without a Baseline: Tort Liability and the Structural Paradoxes of Psychedelic-assisted Therapy’
ABSTRACT Psychedelic-assisted therapy is advancing rapidly toward clinical legitimacy in the United States. The Food and Drug Administration has granted Breakthrough Therapy designations to psilocybin and MDMA, several states have established regulated access frameworks, and major research institutions have invested hundreds of millions of dollars in psychedelic science. Yet the legal infrastructure governing malpractice liability […]
Nick Trehan, ‘The Uncertainty of the Criterion of Enforceability in Contracts’
ABSTRACT This paper examines the evolution of the enforceability of contracts across common law jurisdictions. It traces the shift from an objective approach, which focuses on the outward expressions of agreement between parties, prevalent in the early to mid-20th century, to a more subjective and equitable approach employed in the late 20th century, which considers […]
‘Copyrighting Voice and Image: How Denmark’s New Deepfake Law Challenges Traditional Personality Rights in Europe’
With the increasing proliferation of deepfakes and rapid development of artificial intelligence, Denmark has become the first country in the European Union to specifically protect one’s image and voice with a new legislative initiative. As of 31 March 2026, a new intellectual property right is expected to enter into force, modelled as a neighbouring right […]
Ayouni, Friehe and Gabuthy, ‘Ignorance Is Bliss? Information Avoidance in Litigation’
ABSTRACT This paper examines defendants’ choice to learn about their fault level and its impact on litigation outcomes. Fault-level information is free of cost and has a positive instrumental value for defendants. However, identity concerns can induce defendants to avoid the information. Information avoidance favors settlement relative to trial. Conversely, reputation concerns tend to increase […]
Daniel O’Gorman, ‘Saving the Common Law of Contracts from Politics and Codification: Holmes, Langdell, and Legal Science’
INTRODUCTION In the late nineteenth century, the common law of contracts needed saving. Or so Oliver Wendell Holmes, Jr, and Christopher Columbus Langdell believed. The threat to the common law of contracts was twofold. First, it might become infected by the popular trends in political philosophy. Second, the state legislatures might bring an end to […]
The Subsidiarity of Unjust Enrichment (European Review of Private Law)
Subsidiarity of Unjust Enrichment: A Threat to Legal Certainty? (Elena Bargelli) The Subsidiarity of Unjust Enrichment: An Anglo-Scots Perspective on Corte di Cassazione, Sezioni Unite, Decision Number 33954 of 5 December 2023 (Mat Campbell) Comments from a German Law Perspective (Gerhard Dannemann) The Subsidiarity of Unjustified Enrichment in Latin America: Italian Case Law under the […]
Annika Memmel, ‘The EU Anti-SLAPP Directive: (Un) Founded Optimism?’
ABSTRACT In April 2024 the EU adopted the Anti-SLAPP Directive which needs to be transposed by 7 May 2026. Strategic Lawsuits against Public Participation (SLAPPs) target public watchdogs such as journalists and NGOs who express themselves on matters of public interest. The primary objective of these lawsuits is not to win the case but to […]
Christian Twigg-Flesner, ‘Digital Assistants and Consumer Law – Disruption or Innovation?’
ABSTRACT As there is now a reasonable prospect that some digital assistant applications might become available for consumer use, the question this contribution seeks to ask whether, and to what extent, their arrival will affect UK Consumer Law. Answering this has multiple aspects: first, fundamentally, there it will be necessary to analyse what this development […]
Aisha Saad, ‘Subrogation as Climate Governance’
ABSTRACT As climate change intensifies wildfires, floods, and other catastrophic events, homeowners insurance has become a critical site for allocating the resulting losses, owing to its economic significance for millions of Americans. Yet, debates over insurance reform have focused largely on pricing, availability, and public backstops, overlooking the governance role played by insurance doctrine itself. […]