Monthly Archives: October, 2026
Foo and Tjio, ‘Transactions That Place Assets Beyond The Reach of Creditors: El-Husseiny v Invest Bank PSC [2025] UKSC 4′
ABSTRACT The unique statutory provision that is section 423 of the Insolvency Act 1986, offering redress to creditors that have been, or potentially will be, prejudiced by fraudulent transactions entered into by the debtor, has recently been the subject of interpretation by the Supreme Court in El-Husseiny v Invest Bank. This asset recovery provision is […]
Dawid, Kashefi and Muehlheusser, ‘Platform Liability, Product Safety and Optimal Pricing’
ABSTRACT Should platforms be held legally responsible for harm caused by products or services offered by third-party sellers? We address this question in a novel setting in which product safety (the likelihood of accidents) is determined by third-party sellers, while the consumer price is set by a monopolistic platform that pays sellers a commission. Relevant […]
Jakub Błażej Zwierzchowski, ‘Ecological Private Law? The Chinese Green Principle as a Heuristic Tool for Comparative Legal Analysis’
ABSTRACT Ecological and resource-related challenges increasingly require reconsideration of private-law categories. This article examines Article 9 of the Chinese Civil Code, the so-called Green Principle, as a heuristic tool for identifying the dogmatic effects of direct normative embedding of ecological values in civil-law reasoning. The analysis is based on a qualitative study of Supreme People’s […]
Jessica Litman, ‘Done Deals’
ABSTRACT The 1976 Act was the product of extensive negotiations among representatives of copyright insiders. That process predictably disadvantaged parties that were not at the bargaining table. But what about the folks who were represented in the negotiations and involved in crafting the statute’s language? The bargains they made didn’t always work out for them. […]
Zoya Yasmine, ‘The complexities and guises of anonymity: privacy-enhancing technologies and medical AI’
ABSTRACT As investment in artificial intelligence (AI) grows, so too do debates about how to enable the secondary use of patient data to train AI models. Privacy-enhancing technologies (PETs) such as synthetic data, federated learning, and Secure Data Environments (SDEs) have been put forward as technical solutions to facilitate this process, typically through the anonymisation […]
‘The Common Core of European Private Law’, 32nd Annual General Meeting, Krakow, 13-14 May 2027
The 32nd Annual General Meeting of ‘The Common Core of European Private Law’ project, focused on Long-Term Business Relations and Comparative Private Law, will take place on May 13-14, 2027 at the Faculty of Law of the Jagiellonian University of Krakow, Poland, under the direction of Professor Piotr Tereszkiewicz. The program and the registration details […]
‘A Warning on Agentic AI’
Deborah DeMott, ‘When Agentic AI Met the Common Law of Agency’, Harvard Journal of Law & Technology (forthcoming, 2026), available at SSRN (27 May 2026). Professor Deborah DeMott’s article ‘When Agentic AI Met the Common Law of Agency’ is a much needed breath of fresh, cold air in the overheated, overhyped debates surrounding Agentic AI. […]
‘Roderick Bagshaw on the Tort of Unlawful Means Conspiracy’
The Tort Law Research Group’s fall term public lecture was held on September 24, 2026. The speaker was Professor Roderick Bagshaw of the University of Oxford. His talk was entitled ‘Unlawful Means Conspiracy: Time to Say Goodbye?’. His core contention was that it is not time to abolish the tort because it continues to provide […]
Molinari, Giacalone and Ferraris, ‘Relational Access-to-Justice, Smarter Remedies: AI-Supported Resolution in Labour and Family Disputes’
ABSTRACT This article examines how AI-supported tools may improve access to justice in labour and family cases, understood as relational access-to-justice disputes. Rather than treating AI as a substitute for judicial decision-making or expert legal assessment, the paper conceptualises it as an accountable guidance mechanism that helps parties understand procedural options, costs, timeframes, safeguards, and […]
Orit Gan, ‘Redefining Consent to Contract’
ABSTRACT This Article examines contractual consent through an epistemic lens, bridging contract law scholarship and epistemic theory. It demonstrates that judicial decisions frequently misunderstand or deny marginalized parties’ experiences of consent. This exclusion, the Article argues, constitutes epistemic injustice, specifically hermeneutical injustice, as these parties are wronged as knowers and excluded from shaping the legal […]