Author Archives: steve

Benjamin Johnson, ‘A Theory of Corporate Fiduciary Duties’

ABSTRACT Corporate law lacks a general theory of a board’s power as fiduciary, and consequently, the law governing corporate fiduciary duties is notably unstable. This Article offers a novel theory that grounds corporate fiduciary duties in stronger microeconomic and legal foundations. The theory, coined the Judicial Monitoring Model (JMM), shows that even imperfect judicial monitoring […]

Hannes, Libson and Parchomovsky, ‘The ESG Gap’

ABSTRACT The corporate world is undergoing a transformation: there has been a dramatic influx in demand for companies to promote environmental, social, and governance (ESG) values. Yet these preferences do not necessarily translate into effective corporate actions. In this Article, we underscore the structural problems that prevent such preferences from steering the corporate ship full […]

Noam Kolt, ‘Governing AI Agents’

ABSTRACT While language models and generative AI have taken the world by storm, a more transformative technology is already being developed: ‘AI agents’ – AI systems that can autonomously plan and execute complex tasks with only limited human oversight. Companies that pioneered the production of tools for generating synthetic content are now building AI agents […]

Layne Keele, ‘To Err is Human, to Restore is (Usually) the Law: Present Entitlement in Restitution’s Discharge-For-Value Rule’

ABSTRACT This Article argues that the Second Circuit’s present-entitlement holding and the concurrence’s setoff argument in Citibank v Brigade Capital do not reflect the state of the law and risk introducing confusion into an already convoluted area of law. First, I will briefly review the district court’s decision in Citibank and its reception among scholars […]

Benjamin Sobel, ‘Elements of Style: Copyright, Similarity, and Generative AI’

ABSTRACT ‘You can’t copyright style’ is a shibboleth in today’s debate over generative AI. This slogan is, at best, meaningless. More likely, it’s wrong. Sometimes, what we call ‘style’ is copyrightable. ‘Substantial similarity’ is the doctrine that assesses when stylistic copying becomes infringement, but it is notoriously erratic, and judges find it especially hard to […]

Amy Dunphy, ‘Ensuring Location Data Privacy in Connected and Automated Vehicles (CAVs)’

ABSTRACT New privacy challenges will arise from the introduction of Connected and Automated Vehicle (‘CAV’) technology. CAVs are expected to ‘drive’ by a system that receives and shares data from sensorised infrastructure. CAV data will be constantly communicated wirelessly and bi-directionally, including with other CAVs which are operating within a vehicular network. Consequently, there will […]

Jamilya Kamalova, ‘Exploring Blockchain-Based Alternative Dispute Resolution: Limitations of Traditional Methods and Prospects for Further ResearcH’

ABSTRACT The paper explores the potential advantages of blockchain technology in facilitating dispute settlement, building upon previous studies of alternative dispute resolution (ADR) and online dispute resolution (ODR). The theoretical framework attempts to combine the ideals of liberal theory with the reality of legal pluralism encountered in many states. Through an overview of the limitations […]

Vaithulla Kamal Ahamed, ‘Navigating Social Media Defamation: Exploring Liability for Third-Party Publications in the Digital Age’

ABSTRACT The recent ruling by the High Court of Australia (HCA) in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 has significant implications for defamation in digital platforms. The case involved an appeal by three media outlets (defendant-appellants) against a decision from the New South Wales (NSW) Court of Appeal (Fairfax Media Publications […]

Sanjukta Paul, ‘Labor Law, Ownership and the Firm’

ABSTRACT Labor law has its own working theory of the business firm – not derivable from another area of law – which is more explicit than other areas of law in positing a basic hierarchy of intrafirm governance, which the affirmative provisions of labor law are then taken to (partially) modify. This is true across […]

Antill, Celik, Tian and Whited, ‘The Efficiency of Patent Litigation’

ABSTRACT How efficient is the US patent litigation system? We quantify the extent to which the litigation system shapes innovation using a novel dynamic model, in which heterogeneous firms innovate and face potential patent lawsuits. We show that the impact of a litigation reform depends on how heterogeneous firms endogenously select into lawsuits. Calibrating the […]