Monthly Archives: August, 2026
Beebe, Fromer and Stein, ‘Trademark Law’s View of the Image: A Computational and Empirical Analysis’
ABSTRACT Trademark law maintains a remarkably primitive, incoherent, and unexamined approach to images, even as the number and importance of image marks has grown dramatically. The law has viewed image marks as unanalyzable. In practice, trademark law also privileges representational meaning over visual appearance when searching for similar image marks, but it reverses that priority […]
Jan Veldsink, ‘Privacy Is Not Enough: On Identity, Agentic AI, and What We Are Actually Losing’
ABSTRACT Privacy law was built to protect data. But the emergence of persistent, context-aggregating agentic AI systems poses a threat that data protection cannot address: the reduction of a person’s plural, context-dependent identity to a single statistical composite. This essay introduces the concept of cognitive identity capture-the process by which an agentic AI system, through […]
Ammar Younas, ‘The Failing Subject: A Diagnosis of Legal Personhood for a Multi-Entity World’
ABSTRACT This article diagnoses a structural limit in the concept of the legal subject. It argues that the operations by which law assigns rights, liabilities, standing, and recognition all presuppose a subject that is singular, durable, present, and intelligible. One, that is, which persists as the same countable individual through ordinary time and can be […]
Kenneth Abraham, ‘The Legal Architecture of Insurance’
ABSTRACT This Article examines the legal ‘architecture’ of insurance. Insurance policies embody the architecture of insurance. They are its blueprints. Consequently, the Article begins with the history of insurance in the United States, which leads to the single most important feature of insurance architecture: the standardization of coverage, especially in property-casualty insurance. The Article next […]
Dharmapala and Garoupa, ‘The Law of Restitution for Void Contracts: An Economic Analysis’
ABSTRACT This paper develops an economic analysis of the application of the law of restitution to the case of void contracts, when agreements may be unenforceable due to legal invalidity. It develops a simple model in which contracting parties’ agreements potentially impose external harms. The analysis focuses on how alternative restitution regimes affect contracting incentives […]
Jani McCutcheon, ‘Are AI Models Infringing Imported “Articles” under Copyright Law?’
ABSTRACT In this article I consider whether a generative AI (‘GenAI’) model could be an infringing imported article under the secondary infringement provisions of the Australian Copyright Act 1968 (Cth) (‘Copyright Act’). Australian copyright owners have joined the global challenge to the widespread scraping of copyright works in the development and training of GenAI models. […]
Northon Salomão De Oliveira, ‘Medical Malpractice, Artificial Intelligence and Physician Liability: Who Is Responsible for AI-Assisted Medical Errors?’
ABSTRACT Clinical artificial intelligence has moved from pilot deployment to routine use in radiology, pathology, triage, and diagnostic support, yet malpractice doctrine still asks a single question designed for a single actor: did the treating physician breach the standard of care of a reasonably prudent practitioner? This article argues that the persistence of that question, […]
Emmanouil Bougiakiotis, ‘The Case for Abolishing Consent in Data Privacy Law’
ABSTRACT Consent in data protection law is highly contentious. Critics argue that enabling people to make their own decisions is not feasible, as people are generally poor decision-makers. However, proponents insist on the value of consent as a tool of empowerment. This Article challenges the foundational assumptions of this debate: that consent is conducive to […]
Jason Varuhas, ‘The Principle of Legality: Decline and Fall’
ABTRACT This chapter charts the decline and fall of the principle of legality in the UK and Australia. It explains the significant ways in which courts in both jurisdictions have reined in the doctrine in recent years. These techniques include a more restrained approach to identification of norms that trigger the legality principle; subordination of […]
JoshuaYuvaraj, ‘“Controlled Vagueness”, Creative Cognition and Copyright’s Idea-Expression Dichotomy’
ABSTRACT Copyright is infringed if a ‘substantial part’ of a work is reproduced without authorisation. What is reproduced must be part of an expression, not an idea. But what is part of an expression, and what is an idea, can be unclear. Copyright’s effectiveness is challenged by this uncertainty: creators may be reticent to enforce […]