Monthly Archives: June, 2026
Philip Petrov, ‘Moral Progress in Legal Doctrine’
ABSTRACT This article integrates the concept of moral progress, moral improvement in the thinking and behavior of individuals over time into the study of legal doctrine. The article first presents a naturalistic account of what moral progress is and describes three of its most historically and analytically important forms: (1) moral circle expansion, (2) moral […]
Helen Fielder, ‘Bitcoin, Property or Money? Reframing the Debate before the High Court’
ABSTRACT The pending High Court appeal in Poulton v Conrad raises one of the most significant questions yet considered by an Australian court concerning digital assets: whether Bitcoin constitutes property at common law and, if so, whether traditional proprietary remedies such as detinue and conversion are available. The appeal has attracted competing approaches. The appellant […]
Xiaoqian Hu, ‘The “Nuisance” Of Discrimination’
ABSTRACT Antidiscrimination law is in real trouble. People on the left attack it for being incapable of addressing structural inequalities in America. People on the right attack it for demonizing and reversely discriminating against dominant groups. This Article focuses on the Fair Housing Act (FHA) as a major antidiscrimination law and takes the first deep […]
Marketa Trimble, ‘The US Fair use Doctrine and AI Training in Light of the Developments in US Copyright Law’
ABSTRACT This chapter will appear in a forthcoming volume in Edward Elgar’s Research Agendas series; the focus of the volume is the intersection of intellectual property and artificial intelligence (‘AI’). The chapter reviews the application of the US fair use doctrine in cases involving the training of generative AI models. The chapter highlights recent developments […]
‘Modernizing Foreign Judgments Law’
In 1895, the Supreme Court decided Hilton v Guyot, the foundational case on foreign judgments law. The underlying lawsuit was straightforward. Two American entrepreneurs were sued in Paris by their French business associates in connection with a commercial dispute that occurred in France. When the plaintiffs prevailed, they brought their French money judgment to US […]
Liddicoat, Parish and Aboy, ‘The Republic of Translational Medicine’
ABSTRACT Established pharmaceutical innovation theory holds that companies and patents are essential for developing new treatments. Yet, it does not adequately explain numerous clinical trials conducted by hospitals and universities. This paper introduces a new, complementary theory that describes a parallel system of innovation, focused on new uses of already authorised drugs, particularly once generics […]
Alicia Solow-Niederman, ‘Clickwrap Accountability’
ABSTRACT Picture a public-facing generative AI chatbot on a government website that can answer questions about benefits eligibility. Systems like these expose a sociotechnical-legal divide: they route around the standard due process framework, because there has been no formal government determination, yet they induce reliance from users, above and beyond past rounds of automated legal […]
‘Protecting the Interests of Non-Parties in Corporate Governance’
Gabriel Rauterberg and Sarath Sanga, ‘Altering Rules: The New Frontier for Corporate Governance’, 42 Yale Journal on Regulation 291 (2025). In ‘Altering Rules: The New Frontier for Corporate Governance’, the non-parties whose interests are to be protected are shareholders. With respect to agreements by some shareholders that alter current corporate governance law’s default arrangements, the […]
Russell Hewitson, ‘The Renters’ Rights Act 2025 – revolution or recalibration?’
The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025 and represents the most significant overhaul of the private rented sector in England since the Housing Act 1988. The Act creates a new landscape for rented residential property. Whether acting for a buyer acquiring a tenanted investment property, a landlord seeking to understand […]
Alex Sze, ‘A unified understanding of constructive trust’
ABSTRACT The article broaches the Unified Understanding on constructive trusts where institutional constructive trusts with proprietary consequences arise when a person is impressed upon a proprietary duty to account for property received towards the beneficiary. This resolves the inconsistencies arising from recent apex court judgments of Byers, Hui Chun Ping, Rukhadze and Hotel Portfolio, and […]