Monthly Archives: June, 2026
Loi and Low, ‘Controlling Trustees’ Discretions: Withering Rights’
ABSTRACT The importance of the extent to which one may enforce one’s rights against another cannot be overstated. In the case of trustees, this truism is put to the test in the modern context. If, despite satisfying the formal requirements for establishing a trust, the actual ability of beneficiaries to enforce their rights against trustees […]
Tze-Shiou Chien, ‘Tort Law as Risk Allocation Contract: Some Critical Remarks on the Regulatory Deterrence Model’
ABSTRACT The standard economic analysis of law has modelled tort liabilities as the state’s instruments to reduce accident costs, comprising prevention costs and damages. This regulatory deterrence model (RD model), however, does not fit with the private autonomous nature of tort law (PA model). This is why the RD model has to resort to numerous […]
Suzette Malveaux, ‘Immortal Justice: Why the Henrietta Lacks Family Merits Restitution Today’
ABSTRACT Almost three quarters of a century have passed since Henrietta Lacks had her cells biopsied from her cervix without her knowledge or consent. Upon discovering that Henrietta’s cells were immortal, scientists have been able to solve the most vexing medical problems of modern times and save countless lives worldwide. Aware of the cells’ scandalous […]
Hurwitz and Lu, ‘An Initial Assessment of Standards in Technology Tort Litigation’
ABSTRACT Standards are a central preoccupation of AI governance, yet the dominant policy conversation – focused on regulatory compliance and coordination – does not capture how standards actually function in the legal domain most likely to govern AI-related harms: tort law. This Article offers an empirical and doctrinal assessment of standards in technology tort litigation, […]
W Nicholson Price, ‘Monitoring, Oversight, and Learning in Medical AI’
ABSTRACT When medical AI errs, it often goes unnoticed. If there’s a specific patient injury, and the link to AI is obvious, that problem might be reported to the Food and Drug Administration (FDA), but not always. And many other types of problems, like worse performance on specific groups or ineffective integration into health system […]
Filippo Incontro, ‘Legal production of space in the Roman world: a methodological assessment’
ABSTRACT Roman legal scholarship has long examined land primarily through the lens of ownership – as a res to be protected, transferred, and exploited. This article proposes a complementary perspective: land as spatium, a physical and social space that acquires legal significance through concrete acts of qualification and delimitation. Building on the well-established framework of […]
Zoya Yasmine, ‘Human rights and intellectual property at crossroads’
Human Rights and Intellectual Property Before the European Courts, A Case Commentary on the Court of Justice of the European Union and the European Court of Human Rights, Elena Izyumenko and Christophe Geiger, Edward Elgar Publishing, 2025. IP is often studied in a silo, both in terms of the field of law and its individual […]
Johnston and Matejek, ‘Bridging the Gap Between Tort Law and Unforeseeable AI Errors’
ABSTRACT Artificial intelligence does not simply make errors; it makes unusual, even unforeseeable, errors. Since traditional tort law categories embed foreseeability within them, these unforeseeable errors vex attempts to fit AI harms fully into traditional doctrinal boxes. We argue that this ‘foreseeability gap’ generates many of the hard problems of applying tort law to AI […]
Christopher Essert, Property Law in the Society of Equals (Jerusalem Review of Legal Studies)
Owning the Problem: Can a Property System Ever Rise beyond Its Defects? (Shelly Kreiczer-Levy) The Man of Property: Discussion of Property Law in a Society of Equals (Nick Sage) Property and the Sources of Inequality: A Comment on Christopher Essert, Property Law in the Society of Equals (2024) (Avihay Dorfman) Property in the Society of […]
Bar-Gill and Sunstein, Algorithmic Harm: Protecting People in the Age of Artificial Intelligence (Jerusalem Review of Legal Studies)
X-Hacking Algorithmic Harm (Talia B Gillis) Those Elusive Algorithmic Harms: A Comment on Bar-Gill and Sunstein, Algorithmic Harm (Omri Ben-Shahar) Comment on: Oren Bar-Gill and Cass Sunstein, Algorithmic Harm: Protecting People in the Age of Artificial Intelligence (David Gilo) Algorithmic Repression (Roy Kreitner) Algorithmic Harm: A Response to Critics (Oren Bar-Gill and Cass R Sunstein) […]