Monthly Archives: March, 2026
Matthew Sag, ‘Copyright’s Jagged Frontier’
ABSTRACT How should law respond to transformative technologies whose benefits are inseparable from their risks? This Article argues that the answer lies not in binary choices between permission and prohibition, but in what might be called zones of contingent permission: legal frameworks that allow deployment of new technologies while requiring measures to detect and prevent […]
Michael Palmieri, ‘Consent Without Continuity: Psychedelic-Assisted Therapy and the Structural Failure of Informed Consent Doctrine’
ABSTRACT American informed consent doctrine rests on an unexamined premise: the stable-agent assumption – that the patient who authorizes a medical intervention and the patient who experiences its consequences share a continuous evaluative framework. Materiality doctrine presupposes this continuity; causation doctrine embeds it; capacity doctrine assumes it. For most of modern medical practice, the assumption […]
Rizner and Krzus, ‘The AI’s Philosophy of Contract: An Empirical Study of Breach, Remedies, and Model Heterogeneity’
ABSTRACT Is a contract a moral promise to be kept or an option to perform or pay? While this question has long divided legal theorists between ‘Holmesian’ realists and promissory moralists, it now faces a new ‘legal mind’: the large language model applied to legal analysis. This Article presents a large-scale empirical study of how […]
Sherwin and Carver, ‘They’re like buses: a review of recent appellate decisions on equitable remedies’
ABSTRACT It seems that appellate decisions on equitable remedies are like buses. You wait ages for a judgment, and then Mitchell v Al Jaber [2024] BCC 934, Lifestyle Equities CV v Ahmed [2025] AC 1, Recovery Partners GP Ltd v Rukhadze [2025] 2 WLR 529, and Stevens v Hotel Portfolio II UK Ltd [2025] UKSC […]
Nadav Shoked, ‘Property’s Perspective (or of Whom to Be Jealous)’
ABSTRACT Those rowdy property plaintiffs – sometimes it’s hard to tell what it is they want. Their desires are often much harder to decipher than those of plaintiffs in other common law fields. Tort litigation usually involves an individual who believes she has been wronged and asks a court to undo that wrong. The plaintiff […]
‘Forever is a long time: rethinking termination in indefinite agreements’
In January 2025, we considered the High Court decision in Zaha Hadid Ltd v Zaha Hadid Foundation, which held that the company was bound by a trademark licensing agreement until terminated by the foundation, and that this arrangement did not offend the doctrine of restraint of trade. The Court of Appeal has now overturned that […]
Lewis Graham, ‘Interpreting the Interpretive Obligation: Empirical Insights into the Use of Section 3 of the Human Rights Act 1998’
ABSTRACT Section 3 of the Human Rights Act provides courts with a distinctive, and controversial, power to (re)interpret legislative provisions, where ‘possible’, in a manner which is compatible with the rights under the European Convention on Human Rights. However, much of the commentary on this provision relies disproportionately on a small handful of early landmark […]
Thomas Schultz, ‘Arbitration and the Commodification of Justice’
ABSTRACT This paper examines what happens when justice is commodified. Not privatised; commodified. Privatisation concerns where adjudication is located and how it is governed; commodification concerns the criteria through which justice is valued, evaluated, and justified. Arbitration offers a particularly clear example to observe a broader transformation in contemporary legal life: justice increasingly understood not […]
Salerno, Schweitzer, Line and Bergquist, ‘Can We Trust Jurors with High Damage Requests? Testing the Robustness of Anchoring in Mock Juror Damage Awards Across Hundreds of Experiments’
ABSTRACT This paper summarizes the results of 226 mock trial experiments involving 46,007 participants and a set of 197 real jury decisions to evaluate the impact of plaintiff damage requests on juror damage awards. Across our analyses we find little evidence that damage requests have an undue impact on damage awards. The pattern of findings […]
Fabrizio Esposito, ‘On the analytical strategies for Law and Political Economy research: Structural integration and epistemic translation are better than isolationism to study the legal-economic nexus’
ABSTRACT This article distinguishes isolationist and integrationist accounts of the legal-economic nexus. Isolationists deny the possibility of integrating different theoretical perspectives, while integrationists try to unify different accounts. Leading legal theorists have recently presented isolationist efficiency-, liberty-, and democracy-centred accounts of the market. It is argued that the legal–economic nexus is an integrationist concept, requiring […]