Category Archives: General
Watkins, Mills and Wood, ‘A framework for developing children’s legal capability’
ABSTRACT In this paper we introduce a framework for developing children’s legal capability. This is the outcome of an extended period of interdisciplinary research, reflection, and discussion to explore the question of ‘what does a legally capable child look like?’. Initially this question was explored within the context of adult-focused legal capability literature, and we […]
PhD Candidate Law – Generative AI in the Media (Amsterdam Law School)
The overall goal of this project is to study the role and implications that the new regulatory framework has in realising public values and influencing the power dynamics and legal relationships in the context of the development and use of generative AI models and systems in the media context, with a focus on AI-generated illegal […]
Ignacio Adrian Lerer, ‘Dead Language, Living Law: Latin Legal Maxims as Perfect Memes’
ABSTRACT Latin legal maxims represent evolution’s solution to a fundamental problem: how to transmit complex legal concepts across generations without degradation. This paper demonstrates that Latin maxims aren’t antiquated traditions but optimally evolved memes that achieve extraordinary transmission fidelity through five mechanisms: linguistic immutability (dead languages cannot mutate), cognitive economy (extreme conceptual compression averaging 3.18 […]
Andrew Cannon, ‘There Is No Rule of Law When You Cannot Afford It’
ABSTRACT Several reports in the last 30 years have identified that the common law adversary system is too expensive and too slow. It is not providing an effective rule of law. Our system has perverse cost incentives that drive this inefficiency and pre-trial processes that are designed to prepare for trial when most cases resolve […]
Andrew Burrows, ‘Working Methods of the UK Supreme Court’
INTRODUCTION The UK Supreme Court (‘UKSC’) is the final court of appeal on points of law in all civil and, with the exception of Scotland, all criminal cases in the UK. Hearing appeals (ie its appellate jurisdiction) comprises the vast bulk of the UKSC’s work, although there is a very limited original jurisdiction in relation […]
Jinghuan Ma and others, ‘Generative AI Experience, Risk Perception and Regulatory Attitudes From the Perspective of STEM Faculty in the United States’
ABSTRACT As generative artificial intelligence (GenAI) technologies rapidly permeate higher education, they introduce ethical, social, and environmental challenges that necessitate effective governance. While prior research suggests that individual technology-related risk perceptions shape their regulatory preferences, less is known about how these risk perceptions, along with individual technology experience, influence attitudes towards alternative regulatory approaches. STEM […]
Nora Freeman Engstrom, ‘Legal Insurance and Its Limits’
ABSTRACT Courts are buckling under the weight of a staggering access-to-justice crisis. In three-quarters of cases, at least one side lacks a lawyer, default judgments are on the rise, and most Americans with valid claims never take legal action. The situation is dire, and it understandably has policymakers casting about for a fix. On the […]
‘Rethinking Legislative Intent’
Stephanie Collins and David Tan, ‘Legislative Intent and Agency: A Rational Unity Account’, 44 Oxford Journal of Legal Studies 231 (2024). Intentionalism in contemporary legal interpretation is unloved, at least in my United States. Textualists, purposivists, and dynamic interpreters disagree on much, but they tend to agree that any rich form of legislative intent is […]
Gabriel Uchechi Emeasoba, ‘The law on electronic trade documents: applying functional equivalence in the Model Law on Electronic Transferable Records and comparable common law jurisdictions’
ABSTRACT Using the example of the recent developments in the law relating to electronic trade documents (ETDs), this article examines the roles that international trade law plays in enabling digital trade through the application of the principle of functional equivalence in domestic laws and transnational regulation. It analyses the Model Law on Electronic Transferable Records […]
‘Vulnerability and Digital Market Law: An Unorthodox View’
In recent years, vulnerability has emerged as one of central concepts in discussions on digital market policy. Its gist is straightforward: while interactions between consumers and firms generate various risks and potential harms, not everyone is equally affected. Certain groups, due to factors such as age, income, or education, are more exposed and may therefore […]