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Website title: Private Law Theory - Obligations, Property, Legal Theory
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ABSTRACT A long-held egalitarian view is that formal equality – the absence of formal legal distinctions based on the material resources of individuals – is regressive. If legal rules are the same for the rich and the poor, the rich benefit and the poor suffer. This Essay argues that this view is mistaken. Far from being synonymous with laissez-faire, a commi...
ABSTRACT This article examines the metaphor of ‘memorisation’ in current debates about artificial intelligence (AI), particularly large language models (LLMs), and its migration into copyright law. In machine learning, memorisation has a narrow technical meaning, describing rare instances where models reproduce verbatim fragments of training data. Yet, when t...
ABSTRACT This article, based on the 2025 Harris Society Lecture, reviews a number of aspects of the law relating to actionable misstatements where the applicable principles remain unclear or appear unsatisfactory. The analysis is structured by reference to four aspects of a core misrepresentation claim: a statement by a defendant; to the claimant; where the i...
ABSTRACT This Article challenges the longstanding assumption that corporate law is largely irrelevant to startup companies and venture capital (VC). Through a novel cross-country legal index covering twenty years and twelve jurisdictions, it shows that corporate laws have evolved through a process of ‘selective flexibility’, in which certain legal barriers to...
INTRODUCTION Shadow libraries are vast online repositories containing millions of pirated books and articles made free to download on websites. The sharing of copyrighted work outside ‘official channels’ has been identified as a longstanding practice, with scholars such as Bodó tracing the historic roots of key shadow libraries such as Library Genesis (‘LibGe...
