Category Archives: General
Solaiman and Malik, ‘Regulating algorithmic care in the European Union: evolving doctor–patient models through the Artificial Intelligence Act (AI-Act) and the liability directives’
ABSTRACT This article argues that the integration of artificial intelligence (AI) into healthcare, particularly under the European Union’s Artificial Intelligence Act (AI-Act), poses significant implications for the doctor–patient relationship. While historically paternalistic, Western medicine now emphasises patient autonomy within a consumeristic paradigm, aided by technological advancements. However, hospitals worldwide are adopting AI more rapidly than […]
Bacharis and Osmola, ‘Bridging the gap(s): The importance of private law theory in the EU context’
ABSTRACT This article advocates for applying private law theories originating in the common law to EU private law. It argues that those theories can enhance the coherence and workability of EU private law, which currently lacks a comprehensive doctrinal structure. They can also help EU private law overcome the prevailing but flawed functionalist approach that […]
Aidinlis, Smith, Armour and Adams-Prassl, ‘Lawful grounds to share justice data for lawtech innovation in the UK’
INTRODUCTION In 2016, HM Courts & Tribunals Service (HMCTS) outlined its initial plans to reform the justice system to improve its accessibility and efficiency, committing nearly £1 billion to the reforms. The HMCTS reform programme sought to introduce ‘digital technology and modern ways of working to support public and professional users …improving access to justice […]
George Leggatt, ‘Black marbles, blue buses and yellow submarines: an essay on the civil standard and burden of proof’
INTRODUCTION The standard of proof in civil cases, usually defined as proof on ‘the balance of probabilities’, might seem a straightforward concept and perhaps rather a dull one. My aim in this essay is to show that it is neither and that it gives rise to some intriguing questions about the nature of probability and […]
Clopton and Shoked, ‘Suing Cities’
ABSTRACT Our biggest social problems tend to manifest themselves in small ways-on the streets where they affect people’s daily lives. Local governments, who govern the streets and thereby are closest to the people, often find themselves on the front lines of combatting those problems. Accordingly, local governments are now promoting reforms to address climate change […]
Kristelia García, ‘Selective Enforcement’
ABSTRACT Private rights holders frequently engage in selective enforcement-that is, they elect to enforce against some wrongdoers, and not to enforce against others, under different, or even under similar, circumstances. The conventional wisdom assumes that when we observe enforcement, there has been an economic loss, whereas when we observe nonenforcement, there either hasn’t been an […]
William Fernando Martínez Luna and others, ‘Linking a Digital Asset to an NFT – Technical and Legal Analysis’
ABSTRACT NFTs (non-fungible tokens) enable the commercialization of goods and services through blockchain technology, enhancing the security, transparency, and speed of transactions. The primary challenge NFTs face is their connection to the underlying asset, ensuring that transferring the token also means transferring the linked asset. This interdisciplinary article examines the technical and legal challenges of […]
Lee McConnell, ‘When Is it Right to Speak of Animal Rights?’
ABSTRACT This article examines the ways in which the language of legal rights is invoked by those seeking to improve the treatment of animals. Drawing from a range of analytical, realist, and critical legal and social theorists, it argues that certain argumentative techniques commonly employed to justify the extension of legal rights to animals may […]
Fell and Field, ‘The Actual Loss Illusion’
ABSTRACT On the orthodox account of the private law compensatory principle, the claimant is compensated for the loss that they actually suffered because of the defendant’s wrong. Although the principle has various exceptions, it is widely accepted in both case law and academic commentary. We argue that it is nevertheless flawed, both doctrinally and theoretically. […]
‘AI Misfeasance or AI Malpractice?’
Bryan H Choi, ‘AI Malpractice’, 73 DePaul Law Review 301 (2024). When a digital financial or medical advisor gives bad advice, when ChatGPT confabulates that a law professor committed sexual assault, when an autonomous weapon system takes action that looks like a war crime – who should be held liable? Bryan Choi’s excellent ‘AI Malpractice’ […]