Category Archives: General
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 […]
Kevin Werbach, ‘Agents, Inc’
ABSTRACT AI agents – systems that plan, act, and interact in the world with limited human oversight – are proliferating across every sector of the economy. Unlike generative AI tools that produce content in response to prompts, agents can enter into contracts, execute financial transactions, communicate with third parties, and, with developments in robotics, operate […]
Simon Stern, ‘Personable Reasons, Reasonable Persons, and Legal Fictions’
ABSTRACT Persons in law can be formed in four ways, explained by reference to standing, capacity, identity based on a trait, and imaginary figures. Although any of these may motivate the claim that the result is a legal fiction, that ascription does not invariably follow. The relations among persons in law and legal fictions are […]
Ayres and Listokin, ‘Legal Overfitting’
ABSTRACT A central concern of machine learning is overfitting – which occurs when a prediction model includes too many explanatory variables and predicts noise. The problem with overfitting is that it leads the model to poorer out-of-sample predictions because it misattributes causal significance to irrelevant variables. We argue that a similar phenomenon reduces the quality […]
Adel Kildeev, ‘Simulated Reasoning and the Crisis of Legal Liability’
ABSTRACT This article examines the crisis of legal liability in the age of generative AI. It argues that the problem lies not in artificial intelligence as such, but in a systematic category error in its legal interpretation. Building on the doctrine of AI as instrumentum vocale, the article introduces the concept of simulated reasoning: the […]
‘Harnessing English Law for Economic Growth’
INTRODUCTION In October of 2025, the Ministry of Justice commissioned Hook Tangaza – an independent, specialist advisory firm that focuses on the legal sector – to produce a report analysing the economic value of English law. The report seeks to: demonstrate the value English law delivers to the UK economy and to global commerce; highlight […]
John Linarelli, ‘The New American Private Law of Digital Assets’
ABSTRACT The 2022 Amendments to the Uniform Commercial Code represent the most significant revision to American commercial law in a generation, adding an entirely new Article 12 and revising other articles in significant ways. This article explores of the key changes. At the center of the 2022 Amendments is the creation of a new asset […]
Sympoium: Katharina Pistor, The Law of Capitalism and How to Transform It (University of Miami Law Review)
How to Transform Capitalism Through Law (Katharina Pistor) Beyond Capitalist Law: A Commentary on Katharina Pistor, The Law of Capitalism and How to Transform It (Martijn W Hesselink) It’s a Lawyers’ World!: A Commentary on Katharina Pistor, The Law of Capitalism and How to Transform It (Ingo Venzke) ———————!!!!!!!!!!!!!!!!!!!——————— University of Miami Law Review volume […]
Keydar, Mor, Shany and Abend, ‘Bending the Rules: On Large Language Models and Content Moderation’
ABSTRACT This article examines the transformative impact of large language models (LLMs) on online content moderation, revealing a critical gap between platforms’ rule-based policies and their AI-driven enforcement mechanisms. Using Facebook’s hate speech moderation policies and practices as a case study, we identify a paradox: while content policies are increasingly rule-oriented, AI-driven enforcement seems to […]