Monthly Archives: October, 2026
Gaurav Dahiya, ‘Spontaneity and authorship: a Kantian account of human authorship in copyright law’
ABSTRACT Generative AI has revived a neglected question in copyright law: why must authors be human? Courts and copyright offices have largely answered through statutory interpretation, but the underlying jurisprudence remains underdeveloped. This article draws on Kant’s theory of publication and spontaneity to argue that copyright protects an imputable communicative act. A copyright work transcends […]
Hyder, Tamanna and Hossaini, ‘Judicial Trends to Tort Claims in Bangladesh: Impediments and Way-out’
ABSTRACT This study critically examines the recent judicial evolvement in the area of law of torts in Bangladesh, focusing on recent judicial trends, challenges and suggest potential reforms to improve the tort law enforcement. This research is primarily qualitative by relying on legal statutes, case laws, academic literature, books, commentaries and journal articles to assess […]
Jake Stattel, ‘Love or Law: Viking Foundations of Medieval English Dispute Settlement’
ABSTRACT In prominent legal historical works, Michael Clanchy and Stephen D White constructed an important paradigm for medieval dispute settlement by adapting the phrase ‘law and love’ from the Anglo-Norman Leges Henrici Primi. Yet, rarely has this aphorism’s background been explored. This article argues that ‘love or law’ has roots in Viking-Age Scandinavia, where this […]
Abdulaziz AlRawas, ‘Limits of Employer Liability for Employee Misconduct: A post-Morrisons analysis of Vicarious Liability in Tort Law’
ABSTRACT This study critically compares and overviews of employer secondary liability in English common law, paying particular attention to recent judgments of the UK Supreme Court in Morrisons [2020] and Barclays [2020]. Rather than simply summarising these cases, the study seeks to contextualise the increasingly restrictive approach taken by UK courts since Morrisons within the […]
Luís Duarte d’Almeida and Fábio Perin Shecaira, ‘When Are Arguments from Scholarly Legal Authority Legitimate?’
ABSTRACT Judges often cite legal scholars. Sometimes they defer argumentatively to scholars as authorities. Such arguments, we claim, are neither sound nor legitimate. Legal scholarship serves two functions. One is modest and descriptive: reporting the undisputed content of legal sources and existing consensuses on some point of law. Such matters can lend themselves to authoritative […]
Edwards, Manchak and Wong, ‘BX v T Limited: exceptional jurisdiction to order disclosure of trust documents to non-beneficiaries’
ABSTRACT This article examines the Guernsey Court of Appeal’s decision in BX v T Limited, which concerned an application for disclosure of confidential trust documents based upon the decision in Schmidt v Rosewood. Whilst cases involving Schmidt disclosure applications abound, they are typically brought by discretionary beneficiaries and focus on the scope of disclosure. Uncommonly, […]
O’Brien and Hawkins, ‘Litigant status, judicial ideology, and the gatekeeping of expert evidence’
ABSTRACT Judicial rulings on expert evidence determine which specialized knowledge enters the courtroom and, in doing so, shape the credibility of litigants and the legitimacy of their claims. This article examines how disparities in litigant status shape the judicial gatekeeping of expert evidence and how this process relates to the ideological context of the legal […]
Michael Lewyn, ‘How To Teach Land Use in a Property Course’
ABSTRACT Property textbooks often give very limited coverage to zoning and land use issues. Because I think zoning is an important area of practice, I want my students to know a little more about the basics of zoning than they can get from the textbook; this summarizes what I think is important and what cases […]
Adel Kildeev, ‘When The AI Tool Causes Harm: From Family Lawsuits To Public-Entity Claims Against AI Manufacturers’
ABSTRACT This Article examines the evolution of AI liability litigation arising from the Tumbler Ridge tragedy, culminating in the September 2026 action brought by the Province of British Columbia and School District No 59 against OpenAI entities and their leadership. It traces the shift from private family claims to public-entity litigation seeking both compensation and […]
Iain MacNeil, ‘Directors’ Duties and Liabilities in Connection with Sustainable Supply Chains – a Common Law Perspective’
ABSTRACT This chapter explores the potential of directors’ duties in the UK as a driver for more effective oversight of human rights and environmental harm in global supply chains. It situates the analysis in the context of the adoption of the Corporate Sustainability Due Diligence Directive in the EU and the evolution of Caremark litigation […]