Monthly Archives: June, 2026
Reddy and Cheffins, ‘Is There a Duty of Loyalty Under UK Company Law?’
ABSTRACT This paper considers the status of the duty of loyalty under UK company law. The term ‘loyalty’ does not appear in the codification of directors’ duties in the Companies Act 2006, which implies directors do not owe a duty of loyalty. The paper queries but ultimately endorses this assessment and identifies the implications. Reddy, […]
Neil Richards, ‘Privacy Is Not Theft’
ABSTRACT Something curious has happened to privacy recently. In our post-pandemic age of generative AI, tech companies and governments have stopped asking for our data or relying on fictions of implied consent. They have simply started taking it, arguing that data collection is inevitable, necessary, and virtuous. As masked federal agents prowl American streets sticking […]
‘What Is the Purpose of a Law Degree? AI In Contract Law Pedagogy from an EDI Perspective’
Too often, students use of generative AI (AI) is framed narrowly in terms of academic misconduct. However, this conference sought to go beyond this narrow conception of how AI is used. In particular, we examined how legal educators, students, and practitioners are using or engaging with AI in order to shift the narrative from one […]
Rob Batty, ‘The waning of protection against unjustified threats in Aotearoa | New Zealand: time for a rethink?’
INTRODUCTION Many British Commonwealth countries have legislative provisions that address unjustified threats of intellectual property infringement. Such provisions reflect obligations under international law. The origin of these unjustified threats provisions, though, can be traced earlier to s 32 of the United Kingdom’s (UK) Patents, Designs, and Trade Marks Act 1883 (1883 Act). Section 32 introduced […]
Holli Sargeant, ‘From Estimation to Discrimination: Algorithmic Bias, Predictive Uncertainty, and Anti-Discrimination Law’
ABSTRACT Machine learning (ML) systems, increasingly deployed in high-stakes decision-making, inherently produce uncertain outputs that can lead to unlawful discrimination. This article provides the first legal analysis of how predictive uncertainty in ML systems interacts with UK anti-discrimination law under the Equality Act 2010. Employing a decision-theoretic framework, the article distinguishes between aleatoric uncertainty, stemming […]
Vivien Chen, ‘Buy Now and Pay Later and Its Latent Risks’
ABSTRACT Buy Now Pay Later (BNPL) has been lauded as one of the latest global trends in smart ‘ways to pay’, riding on the wave of digital disruption that has gained traction internationally. At the same time, concerns have been raised over harm to vulnerable consumers becoming mired in unanticipated debt. This article facilitates a […]
Elena Izyumenko, ‘Trademark Law as Regulation of Expression: Why Article 10 ECHR Should Become the Internal Grammar of European Trademark Law’
ABSTRACT This chapter argues that European trademark law increasingly operates as a system of expression regulation and should therefore be reconstructed in light of Article 10 ECHR. Trademark law no longer merely protects consumers against deception: through anti-dilution protection, expansive infringement standards, and morality-based registration rules, it increasingly governs the circulation of cultural and political […]
Wilske and Adams, ‘International Arbitration in Times of Disruption – Or: An Invitation for “Dancing in the Dark”’
ABSTRACT This article examines how international arbitration is adapting to an era of persistent global disruption marked by geopolitical upheaval, armed conflict, climate-related disasters, supply chain fragility, pandemics, and rapid technological change. It argues that while these overlapping ‘polycrises’ strain traditional doctrines such as force majeure, hardship, and foreseeability, they do not render arbitration obsolete; […]
Stewart and Clover Alcolea, ‘Game Meats Company of Australia v Farm Transparency International Ltd: Two Wrongs Don’t Make a (Remedial) Right’
ABSTRACT Game Meats Company of Australia v Farm Transparency International Ltd raises important questions about the proper limits of discretionary remedialism in Australia. The case arose after the defendant animal rights organisation published footage of the plaintiff’s commercial slaughterhouse obtained during several unlawful trespasses. The defendant admitted the trespasses and was ordered to pay the […]
Emmanuel Owosanni, ‘Regulating Trust in the Digital Economy: Towards Harmonized Private Law Principles on Algorithmic Decision-Making and Platform Accountability under UNIDROIT’
ABSTRACT Algorithm-based decision-making systems now govern a significant share of global commercial activity, ranging from automated lending decisions and insurance pricing to platform content moderation and smart contract execution; still, private international law has not kept pace with this transformation. Some existing legal and regulatory frameworks, including the European Union’s General Data Protection Regulation and […]