Monthly Archives: March, 2026
Kelvin Low, ‘Other people’s crypto: the perils of proprietary litigation against persons unknown’
In proposing the controversial Property (Digital Assets etc) Bill at its second reading in the House of Commons, the Minister of State for the Ministry of Justice suggested that it ‘will help drive economic growth by encouraging innovation, attracting investment and reinforcing the UK’s position as a global hub for digital finances and technology (Hansard, […]
James Goukamp, ‘The tort of bribery’
In Hopcraft v Close Brothers Ltd [2025] UKSC 33; [2025] 3 WLR 423 the Supreme Court held that English law recognised a tort of bribery and that it was committed only where the recipient of the payment or other inducement owed the claimant a fiduciary duty. The court also considered that the tort’s existence could […]
Aryan Mohseni, ‘Is the Remedial Constructive Trust Fair Game? Farm Transparency International Ltd v The Game Meats Company of Australia Pty Ltd’
ABSTRACT Can a constructive trust be imposed over copyright in footage created in the course of a covert trespass? To put the same question a different way: can a constructive trust be imposed in the absence of a pre-existing relationship between the parties and over property that the claimant never owned? These are novel questions […]
‘UK Report on Copyright and Artificial Intelligence published’
The UK’s Departments for Science, Innovation and Technology and Culture, Media and Sport have published their long-awaited Report on Copyright and Artificial Intelligence. The Government was required to publish the report under s 136 of the Data (Use and Access) Act 2025 as part of a compromise in Parliamentary debates over transparency and the use of […]
Buccafusco, Lutes and Tu, ‘How Big is Copyright’s Second Bite?: An Empirical Assessment of Copyright Reversion’
ABSTRACT Copyright law is unusual. Unlike virtually every other area of US law, the Copyright Act allows people to change their minds and unilaterally cancel otherwise valid contracts. Thirty-five years after transferring or licensing their copyrights to others, authors – or their heirs – can terminate the grant for any reason, and the copyright reverts […]
Dori and Kramer, ‘Financing Collective Actions and Strategic Litigation in Europe: The Role of Third-Party Funders in the Shadow of the Procedure’
ABSTRACT Third-party litigation funding (TPLF) has been one of the ‘hot potatoes’ in European civil justice in recent years. While funding of litigation by commercial parties is not a new phenomenon and has found its way to commercial arbitration and different types of commercial or non-commercial court litigation, its use has expanded in Europe. Litigation […]
KC Webb, ‘Small Claims, Big Problems: A Critical Look at the Copyright “Small Claims Court”’
ABSTRACT The newly created Copyright Claims Board (CCB), was designed to provide a streamlined and low-cost alternative to federal litigation for small copyright claims. However, the CCB process may be more mirage than miracle for many rights owners. Drawing on original empirical research, this paper critically investigates the first operational years of the CCB. The […]
Ryan Whalen, ‘Human-Required Originality: Copyright Eligibility in a Post-AI World’
ABSTRACT Generative artificial intelligence upends the assumptions that have anchored US copyright law for more than a century. By enabling the production of high‑quality expressive works at effectively zero marginal cost, GenAI destabilizes copyright’s utilitarian foundation and exposes a deep incoherence in the originality requirement: the law grants exclusive rights to human‑authored works that could […]
Ethan Seidenberg, ‘Rights-Based Tort Reform’
ABSTRACT Although ‘rights-based’ tort theory has flourished as an academic subject over the past fifty years, offering a philosophical alternative to law and economics, the movement has little to show for itself beyond the halls of legal academia. Militating against the tort reforms of the late 20th century, philosophical tort theory has become an apologist […]
Ambrosino, Cedrini, Marciano and Ramello, ‘Celebrating European law and economics: three decades in a long tradition’
ABSTRACT This paper analyzes the intellectual foundations and evolution of the European Journal of Law and Economics (EJLE) over its first thirty years. We first reconstruct the European intellectual traditions underlying law and economics – Enlightenment thought, the German Historical School, ordoliberalism, and comparative institutional analysis – and their role in shaping the journal’s founding […]