Monthly Archives: May, 2026
Martin Petrin, ‘When AI Hurts: Corporate Responsibility for Agentic AI’
ABSTRACT As AI systems evolve from assistive tools into increasingly autonomous, agentic actors, long-standing doctrines of corporate liability are being put to the test. This Essay examines whether existing legal frameworks can hold corporations accountable for harms caused by advanced forms of AI. It suggests that, first, existing private law doctrines continue to provide a […]
Stefano Natangelo, ‘Nobody’s Fault: Where Liability Collapses in Clinical LLM Deployment’
ABSTRACT A hospital deploys a software system that recommends treatments to clinicians. The system produces a recommendation that is clinically harmful but formally indistinguishable from a correct one. The clinician follows it. The patient is harmed. Who is liable? Under existing legal doctrine, the answer is reliably the clinician. Developers invoke software-as-service classification. Deploying institutions […]
Helen Fenwick, ‘Campbell at 20: where now for the balancing act?’
ABSTRACT This article focuses on the findings in the seminal decision in Campbell as to the speech/privacy balancing act, to argue that since that decision two divergent strands of jurisprudence have emerged, placing those findings under some pressure. Firstly, it will be argued that the Campbell view of the proper conduct of the act – […]
O’Brien and Ali, ‘“An Increasingly Middle-Class Phenomenon”: The Causes and Impacts of Financial Hardship in Australia’
ABSTRACT Since the 1980s, the ‘financialisation’ of everyday life has transformed the way consumers manage their money. Credit has assumed a central role in the economy and has become an accepted means of funding consumption. During this period, rates of personal insolvency have increased significantly. This phenomenon has not been limited to low-income groups but […]
Brian Iverson, ‘Forum Selling as a Threat to the Rule of Law’
ABSTRACT Forum shopping has long been a feature of federal litigation, but recent years have brought a more troubling dynamic in which federal courts compete for cases by ‘forum selling’. Judges engage in forum selling by adopting plaintiff-friendly procedures, reliably issuing plaintiff-leaning decisions, and publicly soliciting certain types of cases. These practices transform localized procedural […]
‘Specifying a Fourth Integrity: A European Constitutional Method for the Digital Fairness Act’
The European Digital Fairness Act (DFA), which the Commission will table at the end of 2026 under the portfolio of Michael McGrath, is being drafted in the grammar of consumer protection. For adults, that grammar holds. For children, it is the wrong category. A child cannot meaningfully consent to the architectural shaping of the very […]
Kavcar Penbegullu and others, ‘Evergreening in Intellectual Property Law: Policies, Strategies and Regulation’
ABSTRACT This report summarises the 2025 Roundtable on Evergreening in Intellectual Property (IP) Law held at the Queen Mary Intellectual Property Research Institute (QMIPRI), Queen Mary University of London. It examines how IP rights, including overlapping design and copyright protection, trade marks, and secondary pharmaceutical patents, are used to extend market exclusivity beyond their original […]
Del Hierro and Francisco, ‘The Unconscionability Doctrine Versus The Gross Disparity Doctrine’
ABSTRACT This article proposes that the American unconscionability doctrine replace or complement the Ecuadorian gross disparity doctrine (lesidn enorme), a change that requires reformation of Ecuador’s Civil Code. To understand this proposal, this article uses a comparative analysis of both doctrines, arguing that even though the United States’ unconscionability doctrine and the Ecuadorian gross disparity […]
Eugene Lucci, ‘The Natural Shoreline Defined: Ancient Common Law Principles and the Boundary No Court has Ever Located’
ABSTRACT For nearly a century and a half, the Supreme Court of Ohio has declared, without defining, the governing principle of littoral property law along Lake Erie: the boundary between the state’s public trust in the waters and the private upland title of the littoral owner is the ‘natural shoreline’ — the line at which […]
Bogg and Green, ‘The Good, the Bad and the Ugly: Fire and Rehire in the Employment Rights Act 2025’
ABSTRACT This article considers the controversial topic of ‘fire and rehire’ and the regulatory choices in the Employment Rights Act 2025 (ERA). We argue that ‘fire and rehire’ is a practice that responds to the challenges posed by relational contracts: how should legislators balance flexibility and stability of contractual obligations when changing economic circumstances render […]