Monthly Archives: June, 2026
‘Rivalrous Remedies’
Roy Shapira and Shay Lavie, ‘Rivalrous Remedies’, available at SSRN (7 April 2026). ‘Rivalrous Remedies’ offers a novel theoretical account of chronic underenforcement. Its primary contribution is to explain and systematize an enforcement phenomenon in which courts and legislators employ an untheorized device. Rather than sanction wrongdoers directly, judges and lawmakers adopt doctrines and tools […]
Despotidou and Dogouli, ‘Beyond technical necessity: rethinking the copyright puzzle of generative AI’
INTRODUCTION As artificial intelligence (AI) becomes increasingly integrated into daily life, individuals are relying on it to perform professional tasks, access information, generate insights and craft works ranging from poems and paintings to computer code. More interestingly, the use of AI in the production of ‘creative outputs’ is no longer confined to professionals specialized in […]
Dagan and Dorfman, ‘The Work and Values of Relational Justice’
ABSTRACT In Relational Justice we lay out a new approach to understanding some of society’s most important building blocks, arguing that private law should, and to a significant degree already does, abide by the fundamental commitment to reciprocal respect for self-determination and substantive equality. The generous and rigorous book reviews of Aditi Bagchi, Marija Bartl, […]
Jorge Esquirol, ‘GIs, Private Law, and Development’
The symposium on ‘GIs, Private Law, and Development’ was held at FIU Law on April 4-5, 2025. It brought together scholars from around the world to discuss the potential of private law reform to advance economic policy objectives. Our approach was to examine currently existing and new proposals for configuring private property, geographical indications, and […]
Wanhong Huang, ‘The Normativity of Self-legislation in Intimate Relationships: Freedom, Morality, and Justice’
ABSTRACT Consider a lover who legislates for himself an unconditional law: whatever happens, however the beloved feels, I will keep loving her. This paper subjects such a vow to a three-layered normative analysis, and uses it as a lens on a general structure: the conditions under which the self-legislation of a shared life is free, […]
Hurwitz and Dickinson, ‘The Consumer Protection Paradox: Learning, Feedback, and the Limits of Consumer Protection Law’
ABSTRACT Modern consumer-protection law is built on a simplifying picture: The consumer and her vulnerabilities are treated as static over time. That model fits consumer protection’s regulatory posture, which evaluates injuries at the moment of choice. But it fits markets poorly. Consumers differ in sophistication and-more importantly – they can become more sophisticated through experience. […]
Kelvin Low, ‘Fiduciary Duties: The Case for Prescription’
ABSTRACT Of all the duties a law student encounters in the study of law, few will prove as bewildering as fiduciary duties. Whilst their core is supposed to be ‘relatively clear’, the wider content of fiduciary obligations continue to elude us. Whilst we know that fiduciaries are expected to avoid unauthorised profits and conflicts of […]
Raul Morales Lema, ‘Limited Liability and Firm Dynamics’
ABSTRACT This paper examines the effects of limited liability, one of the most common insurance instruments available to entrepreneurs worldwide, on output, firm size, and technology adoption. Using firm-level data, I show that despite higher financing costs, limited liability firms are larger than their unlimited-liability counterparts, their average productivity is higher, and they face more […]
Kantorowicz-Reznichenko, van Heusden and Kantorowicz, ‘Consumers’ Rights in the Shadow of the Brand: A Conjoint Experiment on the Valuation and Trade-Offs of Contractual Rights’
ABSTRACT With the rise of standard contracts, tensions persist between protecting consumers from unfair terms and preserving freedom of contract. A key concern is that consumers may waive legal rights, often unknowingly, particularly when dealing with trusted brands. To address this, we conducted a conjoint experiment with a representative US sample to evaluate how consumers […]
Daniel Solove, ‘How to Maintain Our Privacy in the AI Age’
ABSTRACT This essay, written as part of the Wall Street Journal’s USA250 series, argues that today’s privacy laws aren’t working because they put the onus on us to guard our data. This approach fails because digital technologies are too complicated for us to manage. Instead, to be effective, privacy laws must hold companies accountable. Whenever […]