Monthly Archives: March, 2026
Donald Kochan, ‘Litigation Without Romance: An Incentives Story’
ABSTRACT It is a romantic notion to believe that the motivations and drivers of litigation are solely grounded in the pursuit of justice, unaffected by the realities of human nature – including individuals pursuit of self-interest, incentives, interest in identifying and willingness to take advantages within systems that might lead to gains, and the temptations […]
Yonathan Arbel, ‘The Generative Reasonable Person’
ABSTRACT This Article introduces the generative reasonable person, a new tool for estimating how ordinary people judge reasonableness. As claims about AI capabilities often outpace evidence, the Article proceeds empirically: adapting randomized controlled trials to large language models, it replicates three published studies of lay judgment across negligence, consent, and contract interpretation, drawing on nearly […]
Yean and Yap, ‘Injunctions without a cause (of action)’
ABSTRACT Half a century ago, it was accepted that the court’s power to grant injunctions was limited to situations where the applicant had an independent underlying substantive right against the respondent. This notion is now generally considered outmoded, in view of the incremental development of novel forms of injunctions, many of which are ‘freestanding’ in […]
Abdulhakeem Olayanju Jayeola, ‘When Copyright Becomes Credit Risk: Artificial Intelligence and Intangible Asset Financing’
ABSTRACT Discussions on the impact of artificial intelligence on copyright law have largely focused on infringement, fair use, authorship and the permissibility of training models on protected works. These debates often unfold at the level of doctrine or ex post liability. However, the rapid growth of intangible asset financing requires a shift in perspective. As […]
Hung Chi Chen, ‘Handbook of the Geometry of Legal Responsibility’
ABSTRACT This Handbook is designed as a learning tool for students seeking a clear and unified understanding of private law. Instead of presenting contract, tort, strict liability, and damages as separate doctrinal fields, it reconstructs them through a single structural framework: the geometry of legal responsibility. The Handbook introduces a minimal set of structural variables […]
George Cohen, ‘The Objective Theories of Contract and the Role of Fault’
ABSTRACT The so-called objective theory of contract is a foundational pillar of contract law. But the theory is incompletely specified and insufficiently grounded. The thesis of this article is that contract law does not use only one objective theory of contractual intent. Rather, contract law uses four objective theories, each representing distinct (though often overlapping) […]
Freeman Engstrom, Marcus and Setzer, ‘Managerial Courts’
ABSTRACT In recent decades, American courts have undergone a quiet but far-reaching revolution in their function and role. Particularly in state courts facing a crush of cases in high-volume dockets for debt, eviction, and family-law matters, case-by-case judging has gradually given way to court-devised systems that govern adjudication through centralized, routinized, and often digital and […]
‘Government to lift paywall from large parts of the Land Registry’
Finding out who owns land in England is to become much simpler because a paywall will be lifted from large parts of the Land Registry, the government is to announce. A small number of landowners control the majority of land but finding out who owns what is difficult to piece together, even for government departments, […]
Michael Wachukwu, ‘Protection of Digital Rights in Data, Cyber and AI governance’
ABSTRACT As different Courts with different mandates and jurisdictions, the CJEU do consider various rights limitations under Article 8 of the ECHR, as interpreted by the ECtHR. This research found that the CJEU and ECtHR strive to live up to expectations under current data protection laws. However, their jurisprudence seems to fall short of providing […]
Michael Wachukwu, ‘Points of Convergence and Divergence of Scholars on the CJEU and ECtHR Jurisprudence on Digital Rights Protection’
ABSTRACT To sustain the rule of law, everyone should enjoy efficient judicial protection of their digital rights. In this regard, the CJEU however held that ‘the right to data protection is not absolute but qualified and must be considered in relation to its function in society’. For a researcher, the right to an effective legal […]