Monthly Archives: August, 2026
Eric Alston, ‘Whom Do You Sue? – Bonded Penalties for AI Agents Beyond the Reach of Civil Liability’
ABSTRACT When an AI agent creates harm, the law will reach for a defendant. Sometimes it can find one in the deployer who ignored warnings or the developer who shipped a defect. But a growing class of AI agents will cause harms that cannot be attached to a specific defendant: some because the harm emerges […]
Nazmul Hasan, ‘Quantum and Damages in International Commercial Arbitration: Causation, Valuation, Lost Profits and the Limits of Expert Evidence’
ABSTRACT Damages are often the point at which international commercial arbitration moves from legal principle to economic consequence. Yet quantum is frequently treated as a technical appendix to liability rather than as a distinct adjudicative exercise governed by causation, remoteness, certainty, mitigation and the compensatory principle. This article develops an integrated framework for assessing quantum […]
Nuno Pires Salpico, ‘Compensation Under the GDPR: Does Data Protection Law Require Damage – and Where to Find It?’
Uncertainty still hangs over the private enforcement of the GDPR, particularly with regard to the right to compensation. More recently, the CJEU has increasingly been called upon to clarify issues concerning the application of Art 82 GDPR. Yet, this debate remains open: the concept of damage, the criteria for its assessment, and the boundaries between […]
Career Development Fellow in Intellectual Property Law – Durham Law School
Durham Law School is recruiting a Career Development Fellow in Intellectual Property Law. This fixed-term role offers an excellent opportunity for an early-career academic to develop an independent research profile while contributing to the teaching of Intellectual Property Law across undergraduate (LLB) and postgraduate taught (PGT) programmes. Full details, application information and contacts for enquiries […]
‘Mammoth judgments, and how to stop them’
While I was procrastinating over coffee this morning, a post by Hilary Young on LinkedIn drew my attention to an article by her colleague Paul Warchuk on the ‘trend of systemic prolixity’ in the judgments of the Supreme Court of Canada (SCC) (forthcoming in the Canadian Bar Review). I enjoyed the article so much that […]
Hilary Young, ‘The Suitability of Defamation Actions to Small Claims Adjudication’
ABSTRACT Small claims courts aim to improve access to justice by creating quicker, less formal modes of adjudication. Typically, defamation claims have been excluded from small claims courts’ jurisdiction in common law countries, though Ontario is an exception. This article examines the suitability of small claims adjudication of defamation actions and is grounded in both […]
Ann Lipton, ‘Anti-Woke Corporate Governance’
ABSTRACT In the modern era, corporate law has not been viewed as particularly partisan. To some extent, this is likely due to the fact that Delaware, the dominant state for the generation of corporate law, has built nonpartisanship into its corporate law design. Recently, however, Texas has begun to position itself as a competitor to […]
CRG Murray, ‘Academic Writing under the UK’s Research Excellence Framework’
ABSTRACT Discussions of academic writing often foreground intellectual curiosity and scholarly vocation while relegating the institutional conditions of research production to the background. This article instead examines the influence of the Research Excellence Framework (REF) as a significant determinant of legal academic writing in the UK. Against idealised accounts of scholarship that emphasise intellectual autonomy […]
‘German Court Decides US Copyright Claims’
The training of artificial intelligence (‘AI’) models on copyrighted works, such as books, articles, and songs, has produced disputes about the legality of the use of the works for such a purpose if the training occurs without permission or a license from the copyright owners. Copyright owners and their representatives have now sued AI companies […]
Janssen, Bekker and Van Den Bos, ‘The pre-dispute phase up close: experiences of visitors to Dutch legal aid centres’
ABSTRACT Given indications of rising challenges for marginalized citizens in the pre-dispute phase of civil procedures, we studied this phase up close at Dutch legal aid centres using the framework of William Felstiner et al on naming, blaming, and claiming. Interviews were conducted with 116 visitors to these centres. We asked them when and why […]