Monthly Archives: July, 2026
Leung and Low, ‘Three Views of Third Things from Hong Kong’
ABSTRACT The advent of cryptoassets has ignited a fervent debate within legal scholarship regarding their classification within the common law’s traditional classification of personal property into things in possession and things in action. Specifically, it has energised calls for the creation of a novel tertium quid or third thing category. This chapter argues that the […]
Hoffman and Arbel, ‘Generative Gap Filling’
ABSTRACT Contract law polices a line between interpretation, the recovery of meaning a text already holds, and gap filling, the supply of terms the text lacks. The boundary rests on an unchecked premise: that courts need to fill gaps themselves because the document has run out of meaning. We tested it. Borrowing a masking design […]
Brooke Coleman, ‘Outrage: Anger and Angst in the Civil Justice System’
ABSTRACT Outrage is having its moment in our politics, interactions, and culture. Our civil justice system, as the place where conflict can be resolved and perhaps made right, has not escaped this same reality. There are ‘judicial hellholes’, ‘benchslaps’, and ‘lunatic judges’. As our collective tolerance for outrage increases, it is tempting to dismiss these […]
Lionel Smith, ‘Rescission in the Context of Fiduciary Relationships’
ABSTRACT It is frequently said that rescission is one of the remedies available for breach of fiduciary duty. This claim is a misleading simplification. Rescission can arise in the context of fiduciary relationships in several different ways, that are importantly different from one another. First, the exercise of a fiduciary power by a fiduciary can […]
‘Delineating De Minimis’
Tom Flesher, ‘Variable Standards: How Many Uninjured Class Members Are Acceptable?’, 40 Touro Law Review 287 (2025). How many uninjured plaintiffs are too many? The question – which arises across class action litigation, from consumer to employment cases – sounds simple. But as Tom Flesher demonstrates in his student note, federal courts cannot agree on […]
Emmanuel Abrokwa, ‘Does the GDPR Impede AI Progress? A Critical Analysis’
ABSTRACT One of the most critical and difficult issues in modern European digital law is the relationship between Artificial Intelligence and the General Data Protection Regulation. The conflict between data protection standards and AI’s operational needs has moved from theoretical debate to urgent regulatory concern as machine learning systems become more advanced and widely adopted. […]
Olga Boltenko-Kroon, ‘The civil law foundation as a structural alternative to the common law trust in conditions of geopolitical risk’
ABSTRACT The professional services prohibitions introduced by Article 5m of Council Regulation (EU) No 833/2014 have rendered the common law trust inoperable for large categories of clients, exposing a structural vulnerability inherent in its dependence on regulated third parties. This article examines the civil law foundation as a structural alternative, with primary focus on the […]
Korobkin and Rachlinski, ‘Legal Analysis After the Behavioral Revolution’
ABSTRACT The incorporation of behavioral economics and cognitive psychology has profoundly challenged traditional legal scholarship’s understanding of human decision making. This Article explores how insights from the behavioral sciences have fundamentally recast the academy’s approach to legal doctrine in the private law subjects that have long been the foundation of legal training. By demonstrating systematic […]
Alexandre Pacheco da Silva and others, ‘Who Owns the Dead? Digital Replicas, Posthumous Personality Rights, and the Search for a Regulatory Framework’
ABSTRACT The emergence of AI-powered platforms capable of reconstructing the voice, image, and interactive behavior of deceased individuals has generated a significant and largely unresolved legal problem: the posthumous identity market operates in a regulatory vacuum, exploiting a structural gap between the living-person architecture of Personality rights doctrine and the commercial logic of an industry […]
Ewan McGaughey, ‘Economic Growth and Labour Rights: The Case of the Employment Rights Act 2025’
ABSTRACT How do labour rights affect economic growth, and what may we predict from the Employment Rights Act 2025? The UK government says its first mission is ‘growth’, and improving workers’ rights is part of this. However, the government chose to define its ‘growth’ mission solely in terms of Gross Domestic Product (GDP). GDP often […]