Private Law Theory - New entries February 6th and 7th 2024

 

Private Law Theory - New entries February 6th and 7th 2024:

- James Chang, ‘The Psychologists are Coming! On Neuroscience and Psychology’s Role in Affecting Our View on Moral and Legal Culpability’

- Camilla Alexandra Hrdy, ‘Keeping ChatGPT Secret While Selling It Too’

- Safira De La Salac and Rachelle Alterman, ‘Land, Property and Urban Rights’

- Alexis Alvarez-Nakagawa, ‘A Critical Introduction to Non-Human Rights’

- ‘Risky Speech Systems: Tort Liability For AI-Generated Illegal Speech’

• Jane Bambauer, ‘Negligent AI Speech: Some Thoughts about Duty’, 3 Journal of Free Speech Law 344 (2023); 
• Nina Brown, ‘Bots Behaving Badly: A Products Liability Approach to Chatbot-Generated Defamation’, 3 Journal of Free Speech Law 389 (2023).

- ‘Growing AI litigation risk requires business response’

- Julien Jacob and Caroline Orset, ‘Innovation, information, lobby and tort law under uncertainty’

- ‘Dicey + 100’

- David Hemous and others, ‘Trade, Innovation and Optimal Patent Protection’

- Genevieve Heng, Martin Husovec and Jorge Contreras, ‘Patentomania: The Cost of Embedding Patents in Social Policies’

Regulating Government AI and the Challenge of Sociotechnical Design

 

Regulating Government AI and the Challenge of Sociotechnical Design

David Freeman Engstrom and Amit Haim

Artificial intelligence (AI) is transforming how governments work, from distribution of public benefits, to identifying enforcement targets, to meting out sanctions. But, given AI's twin capacity to cause and cure error, bias, and inequity, there is little consensus about how to regulate its use. This review advances debate by lifting up research at the intersection of computer science, organizational behavior, and law. First, pushing past the usual catalogs of algorithmic harms and benefits, we argue that what makes government AI most concerning is its steady advance into discretion-laden policy spaces where we have long tolerated less-than-full legal accountability. The challenge is how, but also whether, to fortify existing public law paradigms without hamstringing government or stymieing useful innovation. Second, we argue that sound regulation must connect emerging knowledge about internal agency practices in designing and implementing AI systems to longer-standing lessons about the limits of external legal constraints in inducing organizations to adopt desired practices. Meaningful accountability requires a more robust understanding of organizational behavior and law as AI permeates bureaucratic routines.

Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

 

Oxford Studies in Private Law Theory: Volume II

Paul B. Miller and John Oberdiek

• Coverage of the latest developments in private law theory written and edited by leaders in the field
• Contributors write in a wide range of subfields of private law including the theoretical analysis of tort law, property law, and contract law

Table of Contents

About the Editors
List of Contributors
Acknowledgements
1. Justifying Private Law, Felipe Jimenez
2. Who Has the Power to Enforce Private Rights?, Rebecca Stone
3. Defensive and Remedial Liability, Sandy Steel
4. Taking Raz Seriously: On the Value of Autonomy and its Relation to Private Law, James Penner
5. Justifying Equity's Control of Power: Fiduciary Status and Beyond, Jessica Hudson
6. Two Standards of Repair: Restoration and Resilience, Erik Encarnacion
7. Understanding the Complex Loyalty of Lawyers: Dual—Comission, Governance Mandate, and Intrinsic—Limit Analyses, William Bradley Wendel
8. Irreparable Injury and the Limits of the Law of Torts, Gregory Keating
9. The Role of Democracy in Private Law, Arie Rosen

Call for Papers, 5th Worldwide Congress of WSMJJ: “Mixity in the Private and/or Public Law”

 

EXTENDED DEADLINE: NOVEMBER 7TH, 2022

CALL FOR PAPERS

The Fifth Worldwide Congress of the World Society of Mixed Jurisdiction Jurists will be held June 14-16, 2023 in Malta.

The theme of the Congress is “Mixity in the Private and/or Public Law”.

The World Society of Mixed Jurisdiction Jurists is pleased to announce its Fifth Worldwide Congress, which is to be held at the University of Malta’s Faculty of Law, from an opening evening reception and lecture on 14 June through closure on 16 June 2023.

Mixed Jurisdictions, as they are traditionally understood, stand at the crossroads of the Common law and Civil law. They frequently encompass other ethnic and religious laws. Rich in legal history and complex pluralism, they are often seen as natural laboratories of comparative law.

The laws, methods, and institutions of mixed jurisdictions are inevitably affected by the influence and presence of different traditions vying for supremacy or requiring reconciliation. Their mixity, however, is not restricted to the private law alone, but is often evident in the public law as well, such as in the criminal, administrative and constitutional law.  

We propose in this Fifth Worldwide Congress to investigate mixity wherever it may appear in these legal systems.

Proposals for papers on any topic related to the above theme, whether relating to private or public law (or both) are welcome. Proposals may be submitted by jurists from any jurisdiction, and by members and non-members of the Society alike.

Proposals should be submitted via email to Professor Vernon Palmer, President of the WSMJJ, (vpalmer@tulane.edu) by 7 November 2022. Authors will be notified by 1 December 2022 whether their proposal has been accepted. Submissions from scholars with historically underrepresented viewpoints –including women scholars, BIPOC scholars, and scholars from the Global South—are particularly welcome. Submissions should not exceed 500 words and should be accompanied by a curriculum vitae of one page only. The time allocated for delivery of papers will be no longer than 20 minutes. All papers delivered at the conference will be considered for publication.

 

 

Comparative Privacy and Defamation

Comparative Privacy and Defamation

Research Handbooks in Comparative Law series

András Koltay, Paul Wragg

Edited by András Koltay, National University of Public Service and Pázmány Péter Catholic University, Hungary and Paul Wragg, University of Leeds and Honourable Society of the Inner Temple, UK

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.

2020 480 pp Hardback 978 1 78897 058 7

Ebooks from £13.00 for monographs and £36.90 for handbooks are available on GooglePlay and Ebooks.com. Prices vary due to retailer discount and local tax.

Rethinking the Jurisprudence of Cyberspace

Rethinking the Jurisprudence of Cyberspace

Chris Reed, Andrew Murray

Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law's authority in this space.

(Subjects: computer law, cyberspace, comparative private law, competition law)

Secured Credit in Europe. From Conflicts to Compatibility

Secured Credit in Europe

From Conflicts to Compatibility

by Teemu Juutilainen

This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice.

(Subjects: Banking and Financial Law, Commercial Law, Private International Law)

THE LAW OF THE SOMALIS: A Stable Foundation for Economic Development in the Horn of Africa

THE LAW OF THE SOMALIS: A Stable Foundation for Economic Development in the Horn of Africa

by Michael van Notten, Edited by Spencer Heath MacCallum

Written by a trained and sympathetic observer, this book shows how Somali customary law differs fundamentally from most statutory law. Lawbreakers, instead of being punished, are simply required to compensate their victim. Because every Somali is insured by near kin against his or her liabilities under the law, a victim seldom fails to receive compensation. Somali law, being based on custom, has no need of legislation or legislators. It is therefore happily free of political influences. The author notes some specific areas that stand in need of change, but finds such change already implicit in further economic development.

Somali politics is based on consensus. The author explains how it works and shows why any attempt to establish democracy, which would divide the population into two classes-those who rule and those who are ruled-must inevitably produce chaos.

Viewed in global perspective, Somali law stands with the Latin and Medieval laws and the English common law against the statutory law that became prominent in Europe with the modern nation-state. This book explains many seeming anomalies about present-day Somalia and describes its prospects as well as the dangers facing it.
(Subjects: Somalia; customary law; legislation; criminal law; torts; delicts)

Legalism: Property and Ownership

Edited by Georgy Kantor, Tom Lambert, and Hannah Skoda

Legalism

• Brings together anthropologists and historians to examine how property and ownership operate and are understood across broad historical and geographical contexts
• Offers a truly cross-cultural perspective, and makes specialist case studies visible and accessible to non-specialists
• Partakes in a larger intellectual debate developed across disciplines - from anthropology to history to legal theory
• (Subjects: comparative law; anthropology; history; property; ownership)

JOURNAL: Max Planck Institute For Comparative & International Private Law Research Paper Series

A new issue of Max Planck Institute For Comparative & International Private Law Research Paper Series was just published and is available on SSRN.


Table of Content:

- Wirkungsweise der legal transplants bei den Reformen des Zivilrechts (The Operation of Legal Transplants in the Reform of Civil Law) (by Eugenia Kurzynsky-Singer)

- Das Verbot der Gesetzesumgehung im deutschen Recht als ein potentielles legal transplant (The Prohibition against Evasion of Law under German Law as a Potential Legal Transplant) (by Eugenia Kurzynsky-Singer)

- Rezeption des deutschen Sachenrechts in Georgien (Reception of German Property Law in Georgia) (by Eugenia Kurzynsky-Singer and Tamar Zarandia)