Monthly Archives: July, 2026
Ulaş Göker Bektaş, ‘The Algorithmic Authorship Threshold: identifying human contribution in AI-assisted creativity’
ABSTRACT Artificial intelligence-assisted creativity increasingly challenges the practical application of EU copyright law by obscuring how human creative contribution should be identified within technologically mediated production processes. While the Court of Justice of the European Union has developed a coherent originality doctrine centred on the author’s ‘own intellectual creation’, existing case law presupposes creative environments […]
Catherine Sharkey, ‘Tort Law in the Age of Regulations’
ABSTRACT Tort law’s role as an information-sharing and enforcement mechanism in the age of regulations can serve as a critical supplement or complement to federal regulatory schemes. Public nuisance, perhaps the quintessential modern regulatory tort, provides fertile ground for consideration of the role of tort law in the age of regulations. In order to analyze […]
Catherine Sharkey, ‘Public Health and Safety Nuisances Per Se’
ABSTRACT The law of public nuisance raises two fundamental questions: (1) What is a public right (or ‘right common to the general public’)?; and (2) Who can bring enforcement actions based on violations of such a public right? City and County of San Francisco v Purdue Pharma, the largest civil action in United States history, […]
Harris and Kaufman, ‘Consumer Law Meets the New Company Store’
ABSTRACT Firms have discovered new ways to extract value from workers beyond traditional labor exploitation. In labor markets increasingly characterized by monopsony power, platform work, and financialization, employers push a variety of financial products onto workers and establish surveillance systems that monetize worker data. This Article introduces the Triple Extraction Model to explain how firms […]
Gaston Rey, ‘Hayek Displaced: Can AI Solve the Socialist Calculation Problem?’
ABSTRACT The algorithmic capacity of contemporary artificial intelligence revives the socialist calculation controversy that Mises and Hayek were long thought to have closed. If algorithms can synthesize the dispersed information that Hayek identified as the irreducible obstacle to central economic planning, has the Hayekian argument been technically falsified? This article argues that the answer requires […]
Emmanuel Kwasi Abrokwa, ‘Compensation for Data Breach Victims under Article 82 GDPR: A Critical Analysis’
ABSTRACT This paper critically evaluates whether Article 82 of the GDPR provides an effective system for financial compensation to individuals who have suffered harm from breaches of their personal data. The research uses current CJEU case-law to demonstrate that, although liability provisions on the amount of compensation are being established, allowing each member state’s court […]
Catherine Sharkey, ‘Who’s Afraid of Punitive Damages for Products Liability Cases?’
ABSTRACT Products liability cases constitute a new frontier for punitive damages to be awarded where a defendant’s recklessness has caused widespread harm in society. The recognition of punitive damages for reckless conduct in products cases signals a significant move away from the retributive punishment roots of punitive damages awards. The proliferation of punitive damages awards […]
Klaus Beiter, ‘Copyright and the Right to Education: Towards Balance? – Or Copyright’s Capture of the Right to Education?’
ABSTRACT The chapter – appearing in the Fifth Edition of Paul Torreman’s standard work on Intellectual Property Law and Human Rights – focuses on the subject of establishing conformity between copyright and access to learning materials under the right to education. It first looks at the provisions of international copyright law designed to facilitate the […]
María Ignacia Vial Undurraga and Isabel Zuloaga Ríos, ‘The principle of contractual sustainability and privity of contract: challenges and solutions in transnational commercial law’
ABSTRACT Contractual sustainability meets the requirement to be a general principle of law and, in particular, of transnational commercial law, as it protects an urgent and basic shared ethical value and expresses the duties that we all owe to present and future generations. Contractual sustainability refers to achieving or promoting sustainable development through contractual mechanisms […]
‘AI: One year on, what Walters v OpenAI tells us about AI hallucinations and defamation liability’
One year after the decision in Walters v OpenAI (Case No 23-A-04860-2), the case remains one of the most significant judicial examinations of how traditional defamation principles apply to generative AI, albeit in a US context. While the claimant’s case failed on relatively conventional grounds, the judgment raises important questions about liability, publication, reasonable reliance, […]