Monthly Archives: August, 2026
Maria Lucia Passador, ‘AI and Fiduciary Law’
ABSTRACT This chapter examines how artificial intelligence reshapes fiduciary law by technologically mediating the exercise of entrusted discretion. Rather than displacing the traditional foundations of fiduciary obligation – entrustment, vulnerability, discretion, loyalty, and care – AI redistributes the performance of fiduciary functions across complex socio-technical chains involving fiduciaries, institutions, models, developers, providers, data, and beneficiaries. […]
Wickelgren and Ayres, ‘An Economic Analysis of Contractual Conditions’
ABSTRACT Law and economics has produced a vast literature on the efficient design of contract damages, but almost none on the defensive counterpart to damages: the contractual condition that lets a promisee withhold its own performance when the performance it was promised falls short. This article supplies that missing analysis. Contracts protect entitlements through a […]
Ben Fernandez, ‘Contract Drafting Classes Should Introduce Law Students to Real Contract Drafting Classes Should Introduce Law Students to Real World Practice Like Other Legal Writing Classes’
ABSTRACT Contract drafting classes should be no different than first and second semester legal writing classes. A first semester legal writing class introduces students to law firm practice. It is not just a writing class; it covers the sources of law, legal research, reading and briefing cases, and legal analysis. A second semester writing class […]
Rachel Landy, ‘Tech Contracts and the No-Plaintiff Problem’
ABSTRACT Much ink has been spilled over how antitrust law could address the effects of Big Tech’s market dominance. But when dominant firms include unfair terms in their agreements with business customers, contract law should be able to step in, too. Contract law has two principles that are inherently appropriate to invoke when unfair terms […]
Price and Ali, ‘Broken Circles: Contract Law’s Flawed and Inconsistent Treatment of the Return of Engagement Rings Following a Pre-Marriage Breakup and a Modest Proposal for Reform’
ABSTRACT The question of what jurisprudential model should govern the question of who should be awarded an engagement ring following a failed engagement has vexed courts, wasted judicial resources, resulted in a morass of inconsistent and jurisdictionally varying results, and left parties uncertain and litigious for decades. The question has social, feminist, historical, and economic […]
Call for Papers: Anti-SLAPP Law in Canada and Beyond: University of New Brunswick, 17-18 June 2027
The theme of the conference is to assess the effectiveness of Canada’s anti-SLAPP laws and to draw lessons from the Canadian experience for other jurisdictions. As one of the earlier jurisdictions to adopt anti-SLAPP legislation, the strengths and weaknesses of Canada’s laws are becoming apparent, providing lessons for jurisdictions that have recently adopted anti-SLAPP legislation […]
Andrew Phang, ‘Unjust enrichment revisited’
ABSTRACT The present article revisits the formulation for the law of unjust enrichment as set out by the late Professor Peter Birks. It argues, from a theoretical perspective, that this formulation is framed at too general a level of abstraction. And, from an historical perspective, it argues, first, that the seminal work by Goff and […]
Alexandra Klass, ‘Building Judicial Narratives for Climate Accountability Litigation’
ABSTRACT It has been nearly ten years since the first climate accountability lawsuits were filed by state and local governments against major oil and gas companies and their trade association, the American Petroleum Institute, seeking damages and/or civil penalties for deception and other harms associated with greenhouse gas (GHG) emissions. If any of these climate […]
Miklós Király, ‘The development of rules of interpretation in uniform sales laws’
ABSTRACT This study reviews and compares different sources of uniform substantive law on international sales and contracts, providing an overview of the methods developed to interpret them over the past nine decades. This historical approach helps us to understand the challenges of interpretation. Have uniform law instruments established a common solution for interpreting them? Have […]
Craig Wright, ‘Property in Information: A Formal Analysis of Forty-Five Works’
ABSTRACT This paper analyses forty-five works on property in information under a single method applied without variation to every author: premises are isolated in the author’s own words and rendered in a formal notation, examined singly, then reassembled into the arguments they compose and tested for validity, with every fallacy named by its standard name […]