Monthly Archives: September, 2026
Andres Knobel and others, ‘Beneficial Ownership of Real Estate Around the World’
ABSTRACT This report maps the state of play of real estate ownership transparency around the world, as it pertains to the abuse of real estate for financial crimes (eg corruption, money laundering, tax and sanction evasion). Drawing on the Financial Secrecy Index methodology, the research assesses 141 jurisdictions across 5 components: (1) whether beneficial ownership […]
Snigdha Chintala, ‘Good Faith in Indian Contract Law: Myth or Emerging Reality’
ABSTRACT Good faith is an important principle in contract law representing honesty, fairness and reasonable conduct between the parties. In Indian contract law the idea of good faith has remained uncertain. It does not recognise the duty of good faith in the formation of contracts which has led to the view that good faith is […]
Mira Moldawer, ‘“What’s in a Name?”: Authorship without a Subject, Ownership without a Self in the Age of Algorithmic Fame’
ABSTRACT This article explores the collapse of traditional authorship paradigms in the era of the Virtual Influencer, an entity challenging classical ideas of attribution, authorship, and legal personhood. Using Arthur Schopenhauer’s critique of originality and Michel Foucault’s ‘author function’, the article redefines the digital celebrity not as a rights-bearing individual but as a performative, algorithmically […]
Dagan and Dorfman, ‘Why Relational Justice’
ABSTRACT In Relational Justice (OUP 2024) we rethink the normative foundations of private law and chart the path for a just reconstruction. We claim that the fundamental maxim of reciphrocal respect for self-determination and substantive equality – relational justice, as we dub it – is (or should be) the distinctive normative commitment of a genuinely […]
Northon Salomão De Oliveira, ‘The Expansion of Legal Personhood: AI and Non-Biological Agency’
ABSTRACT Legal-personhood debates about artificial intelligence typically ask a capacity question: is a system autonomous, cognitively complex, or self-directed enough to warrant rights and duties? This article argues that the capacity question is the wrong gate. Drawing on the only jurisdictions that have actually extended legal personhood beyond the human being-corporate law, the Whanganui River […]
Christina Lee, ‘Protecting Consumers in the Interactions Behind AI Agents’
ABSTRACT This Essay shines a light on a challenge created by the rapid mainstreaming of AI agents for consumer use. An AI agent’s value proposition is that they can, without explicit user intervention, perform tasks and actions to the user’s benefit. Delivering on this proposition often requires that the AI agent transact with third parties […]
Valerie Gutmann Koch, ‘Disinformed Consent’
ABSTRACT At both the state and federal level, lawmakers and regulators are increasingly interfering with the physician’s independent duty to provide patients with medically true and accurate information. And alarmingly, these interventions frequently involve state-mandated medical disinformation – false medical claims disseminated with awareness of their inaccuracy or with deliberate disregard for the scientific consensus. […]
Robert Miller, ‘Shareholders and Stakeholders in Corporate Law’
ABSTRACT There are two main theories of corporate governance: the shareholder theory and the stakeholder theory. The former, which originated in the earliest corporate law decisions of courts of equity in the nineteenth century, requires directors to manage the corporation for the long-term benefit of its shareholders. The latter, which is largely the creation of […]
Keiichi Ito, ‘Reconstructing the Doctrine of Permitted Risk in the Age of Autonomous Driving: A Case for Shifting Liability to Public Authorities’
ABSTRACT This paper argues that the German-originated doctrine of permitted risk (erlaubtes Risiko) – historically the theoretical basis for individualizing negligence liability in traffic accidents – contains a structural asymmetry: society has tolerated the existence of risk from motor vehicle use for the sake of its own benefit, while the burden of that risk’s realization […]
Andrew Bell, ‘Directors’ Duties in the AI Era’
ABSTRACT The public emergence of generative AI (‘Gen AI’) in late 2022 has had, and continues to have, profound effects across the board but its value, efficacy and impact may vary between different contexts. Corporations, directors and officers are subject to important and onerous statutory responsibilities. This article explores some of the challenges and implications […]