Monthly Archives: May, 2026
Karim Keshavjee, ‘The Unbanked Patient: Rights Without Remedy in Health Data Governance’
ABSTRACT Health data systems routinely collect, share, and derive commercial value from patient information while providing patients with little transparency, control, or accountability. Existing frameworks (including privacy law, dataveillance theory, and blockchain-based technical architectures) address portions of this problem but fail to enumerate the full set of rights patients hold over their data, and fail […]
Austin Litle, Morris and Das, ‘When the Tool Breaks: Product Liability and the Legal AI Vendor’
ABSTRACT In April 2026, the Sixth Circuit removed appointed counsel from an indigent defendant’s appeal and denied Criminal Justice Act compensation after the attorney admitted that CoCounsel, Thomson Reuters’s artificial intelligence (AI) legal research platform, fabricated quotations and misrepresented case holdings. The sanctioned attorney lost his fee. The defendant lost continuity of appellate counsel. Thomson […]
Ali Sadhik Shaik, ‘Liability Allocation in Autonomous Industrial Systems: Who Pays when the AI is Wrong?’
ABSTRACT When an autonomous robotic arm in a German automotive plant misidentified a component orientation and caused a collision that injured a line operator in 2024, six parties claimed they were not liable: the robot OEM (the arm performed within mechanical specifications), the AI vendor (the vision model met contractual accuracy thresholds), the system integrator […]
Bertelli and Peluffo, ‘Consumer Education for Sustainability and Market Citizenship: A European Private Law Perspective’
ABSTRACT The common values implied in the principle of sustainable development are reshaping the economic model of a ‘competitive social market economy’ in the EU internal market, as well as the overall approach to EU law. In this context, consumer education is essential to help individuals to make informed choices that support sustainability. Both consumers […]
Rick Bigwood, ‘Rescuing “Fiduciary” Undue Influence Law in Australia?’
CASE OUTLINE Mr and Mrs Wu were married for 55 years until Mrs Wu passed away in 2018. They had two daughters, Karen and Angela, the latter being the ‘favoured’ of the two. The family home, owned jointly by Mr and Mrs Wu, was in O’Malley, a suburb of Canberra. In 2009,the home was gifted […]
Anthony Gray, ‘Lawful Act Duress in Australia: An Argument for Good Faith’
ABSTRACT This article considers the doctrine of lawful act duress. It considers developments in the United Kingdom and Australia. Various doctrinal bases have been suggested for this doctrine. These include unconscionability, proportionality and good faith. The article critically considers each of these, before concluding that good faith is the best option. It provides specific examples […]
Chinglong Lim, ‘Regulating Unfair Terms in Standard-Form Contracts: A Comparative Study of French and Cambodian Law’
ABSTRACT This article examined the regulation of unfair contract terms in Cambodian consumer law through a comparative analysis with French and European Union legal frameworks. It focused on the widespread use of standard-form contracts in modern commerce. These contracts have increased concerns about structural imbalances between businesses and consumers, especially in jurisdictions where legal protections […]
Bartosz Biskup, ‘Is Mainstream Legal Philosophy Capitalist?’
ABSTRACT No. Still, Mainstream analytic legal philosophy is tacitly supporting capital while presenting itself as neutral conceptual analysis. That is the charge of this paper. My charge is not normative, but about methodology. Hart (2012), but also Raz (2009) or Shapiro (2011), argued for what I call an ‘enabler theory’. It says that law is […]
Symeon Symeonides, ‘Private International Law Bibliography 2025: US and Foreign Sources in English’
This is the twentieth annual bibliography of private international law compiled by the undersigned as a service to fellow teachers and students of this subject. It includes 120 books and 437 journal articles that appeared in print in 2025. The term ‘private international law’ is used here in the broadest and arguably expanded sense. It […]
Barnes Macfarlane and Zitzke, ‘Contributory negligence and children’s rights: the (potentially) transformative role of courts in Scotland and South Africa’
ABSTRACT Little has been written about the rights of children in delict (a functional equivalent of tort), the legal field concerned with compensating those who have suffered injury or loss due to wrongful actions of others. Yet in many legal systems children can, and do, raise legal proceedings seeking damages for injuries caused by another’s […]