ABSTRACT Interstitial private law helps separate private law fields one from another (eg, tort, contract, fiduciary law), while determining which field should prevail in cases of overlap. This paper will argue that the resulting differentiation of legal fields is valuable for multiple reasons. One major consequence is that these fields are more modular, and this modularity cuts down on delineation costs and information costs. Yet we have reason to care about a field’s modularity even if our primary concern is not with economic benefits. This is not just because handling complexity can help wit ..read more

The Data Protection and Digital Information Bill (DPDI Bill) was re-introduced into the UK Parliament in March 2023 and is currently being debated at the Committee stage in the House of Lords. Since Brexit, the UK can unilaterally decide to reform its legal framework on personal data regulation so that data power can be further unlocked. This objective is also tightly related to the pro-innovation approach aimed at spurring AI development in the UK … (more) [Jinghe Fan, Oxford Human Rights Hub, 23 April ..read more

ABSTRACT The heated scholarly debate in recent years around social media governance has been dominated by a clear public law bias and has yielded a substantively incomplete analysis of the issues at hand. Captured by public law analogies that depict platforms as governors who perform legislative, administrative, and adjudicatory functions, scholars and policymakers have repeatedly turned to public law norms as the hook on which they hang proposed governance solutions. As a practical strategy, they either called to impose public law norms by way of regulatory intervention or, conversely, called ..read more

ABSTRACT There are clear potential benefits to society from research on health data. To make this possible, those who hold that data have to share it with researchers. An important barrier to sharing is a lack of trust in how shared data will be treated. We propose that establishing good governance systems for data sharing can help establish trust, but only if those stakeholders whose trust is needed are properly informed about that governance. We analyse and categorise investigate the information which four major Cloud Service Providers and nine Data Sharing Organisations make public. From th ..read more

ABSTRACT AI’s increasing cognitive abilities will raise challenges for judges. ‘Legal personhood’ is a flexible and political concept that has evolved throughout American history. In determining whether to expand that concept to AI, judges will confront difficult ethical questions and will have to weigh competing claims of harm, agency, and responsibility. Hon Katherine B Forrest (Fmr), The Ethics and Challenges of Legal Personhood for AI, (2023-2024) 133 Yale Law Journal 1175 (22 April 2024 ..read more

ABSTRACT An important recent empirical study of exemplary damages found that compared to other categories of defendant, Australian courts most frequently award exemplary damages against the police. This article provides a tailored empirical study of exemplary damages claims against the police in all Australian jurisdictions between 2000 and 2021, analysing the incidence of claims and the frequency and quantum of awards in light of various features of those claims. The study concludes that courts are more likely to award exemplary damages against the police for torts with a malice component or ..read more

ABSTRACT Scholars have long recognized that the dominant theory of corrective justice – according to which compensatory damages are designed to return a tort victim to the position she was in prior to the tort – inherently tethers damages awards to victims’ economic status. In this way, tort law’s internal logic creates perverse incentives for tortfeasors to target the poorest victims for their riskiest activities and to exercise greater care towards wealthier individuals than towards poorer ones. This Article demonstrates the centrality of this problem in tort law, illustrating how tortfeasor ..read more

ABSTRACT Humans throughout history have come to seek retribution for purported wrongs committed against them. At times, this has presented itself by means of formal systems of crime and punishment in their respective societies and cultural contexts. The impulse to seek vengeance for misdeeds committed by others is one that, I contend, is deeply and inextricably linked to the human experience. However, there is something particularly interesting about this arguably retributive tendency when it comes to beings with minimal to no capacity for reason, ie, nonhumans and inanimate objects. My resear ..read more

ABSTRACT Privacy law emphasizes control over ‘your’ data, but requiring consent for each data use is unprincipled, not to mention utterly impractical in the AI era. American lawmakers should reject the property model and use a framework that creates defined zones of privacy and clear safe harbors, irrespective of consent. Jane R Bambauer, How to Get the Property Out of Privacy Law (2023-2024) 133 Yale Law Journal 1087 (22 April 2024 ..read more

ABSTRACT The rapid advancement and widespread application of Generative Artificial Intelligence (GAI) raise complex issues regarding authorship, originality, and the ethical use of copyrighted materials for AI training. As attempts to regulate AI proliferate, this Essay proposes a taxonomy of reasons, from the perspective of creatives and society alike, that explain why copyright law is ill-equipped to handle the nuances of AI-generated content. Originally designed to incentivize creativity, copyright doctrine has been expanded in scope to cover new technological mediums. This expansion has pr ..read more