Author Archives:
Joshua Yuvaraj, ‘Recentering Creativity in Copyright’
ABSTRACT Copyright discourse often centers around creativity; as a rationale for copyright, and as a threshold for copyright to subsist in songs, books, art and other creative works. Yet creativity remains an ethereal concept: if we do not know what it means, we cannot evaluate whether copyright law is promoting it, nor can we properly […]
Pamela Samuelson, ‘The Scope of Software Copyrights Revisited’
ABSTRACT This Article reviews the highs and lows of US copyright case law construing software copyright scope over the nearly 50 years since copyright protection was first extended to computer programs. When the amendment was passed in 1980, initial expectations were that the scope of copyright in computer programs would be quite thin; some early […]
Orts and Schafhäutle, ‘Corporate Fiduciary Duties and the Climate and Biodiversity Crisis’
ABSTRACT This Article argues that addressing one of the most urgent environmental challenges facing humanity today – the global climate and biodiversity crisis – calls for a transformation at the heart of corporate law: its fiduciary duties. After demonstrating how current corporate fiduciary duties are implicated in this crisis, we argue for reform of fiduciary […]
Luna, Ballesteros and Dorantes, ‘Development of a Smart Contract for the Transfer of Copyrights in an Artwork Linked to an NFT’
ABSTRACT Non-fungible tokens (NFTs) are transforming the commercialisation of digital art by establishing unique blockchain identifiers that ensure authenticity and certify subsequent transactions. However, the transfer of control over an NFT does not automatically include the transfer of the associated copyrights, thereby creating legal uncertainty as to what rights are actually acquired. This interdisciplinary project […]
Maria Glover, ‘The Civil Justice Business’
ABSTRACT Civil justice is a lofty set of ideals. Access to justice, no matter a party’s sophistication. Holding wrongdoers accountable, no matter their power. Achieving regulation of wrongdoing across the wide swath of substantive laws in an American ‘litigation state’. Civil justice is also a business – now on both sides of the ‘v’. A […]
Scott Fruehwald, ‘Theory-Induced Blindness in Legal Scholarship: A Critical Thinking Solution’
ABSTRACT The truth matters, and, consequently, how scholars seek the truth matters. Scholars often use theory as a framework to help them attain the truth. Accordingly, a scholar’s theoretical approach must be accurate; it must not be tainted in any way. ‘Theory-induced blindness’ taints truth-seeking. Theory-induced blindness has contaminated legal scholarship in many ways. This […]
Nwabueze and White, ‘Privacy law and the dead – a reappraisal (part II)’
ABSTRACT In an earlier article, we argued that post-mortem privacy is not sufficiently protected in England and Wales. In this article, we draw from Boonin’s posthumous harm thesis and posthumous wrong thesis to develop a framework and rationale for justifying the recognition and enforcement of a privacy right post-mortem. Essentially, our theoretical framework suggests that, […]
‘Less Freedom and More Equality’
Carla Spivack and Deborah Gordon, ‘Donative Freedom, Disrupted’, 91 Brooklyn Law Review (forthcoming, 2026), available at SSRN (5 February 2025). Donative freedom is the guiding principle of inheritance law. This is something that many of us who teach the subject tell students every semester, at the outset of a Wills and Trusts class. We keep […]
‘Open consultation: Make Work Pay: misuse of non-disclosure agreements (NDAs)’
The government has introduced a measure through the Employment Rights Act 2025 which voids any provision in an agreement (such as a contract of employment or settlement agreement) between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination. This consultation is seeking views on proposals regarding: (i) the […]
Marc Moore, ‘Contract interpretation and the employment relation: from commercial to industrial common sense?’
ABSTRACT The recent (2024) Supreme Court decision in Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers has attracted interest from across the legal community. For labour lawyers, the case provides a valuable opportunity to interrogate the legality of the controversial ‘fire and rehire’ practices that have become a constant of the industrial […]