Research

Adrian Kuenzler

Meta’s peculiar acumen—moving privacy ahead in social media markets

This article puts forward a new perspective on Meta Platforms Inc., a recent breakthrough decision of the Court of Justice of the European Union (CJEU), reconfiguring key debates around the use of personal data by social media companies and how that use affects the manner in which individuals and social relations are represented, realized, and governed through digital markets. The decision enables dominant…

December 2, 2025

Michael Cheung and Anne Cheung

Michael Cheung and Anne Cheung on The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong (HKLJ)

“The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong” Michael MK Cheung and Anne SY Cheung Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.341 – 371   Abstract: The principle of equal authenticity seeks to give equal status to Chinese and English legislative texts in Hong Kong. However, challenges arise due to discrepancies between…

October 15, 2025

Adrian Kuenzler

Personalized Competition Law: The New Frontier of AI Market Governance

Artificial Intelligence technologies prompt several doctrinal shifts in competition law. For AI market governance, this means moving toward personalized enforcement. Rather than applying one-size-fits-all legal tests, regulators may need to tailor rules and liability standards by sector, by actor, or by the sophistication of algorithms in use. This approach requires greater transparency, context-sensitive oversight, and documentation of algorithmic logic to facilitate audits,…

September 26, 2025

Adrian Kuenzler

Attuning Big Tech Regulation in Light of Data-Driven Markets

Empirical studies have observed rising concentrations of corporate power. Policymakers, in turn, have envisaged the restructuring of markets by breaking big technology companies up. The Privacy Fallacy persuasively argues that accountability for the consequences of corporate data practices entails creating a new type of tort liability that recognizes the value of privacy. But addressing the effects of digital technologies must also involve…

September 1, 2025

LIN Yang and Taorui Guan

From Safe Harbours to AI Harbours: Reimagining DMCA Immunity for the Generative AI Era

Generative artificial intelligence (AI) overturns the passive-intermediary assumptions that underlie the US Digital Millennium Copyright Act (DMCA) safe harbour. Modern systems ingest vast, often unlicensed datasets and emit on-the-fly outputs through a supply chain that spans data suppliers, model developers and deployers—raising parallel concerns in the EU, UK, Hong Kong and other jurisdictions. Building on DMCA section 512, this article sketches an…

August 4, 2025

Haochen Sun

The Law and Ethics of AI Creativity

This Article comprises three parts. In Part I, after demonstrating that creativity is a social process, I explore the ethical principles of originality, attribution, and authenticity of creative activities. In Part II, I scrutinize the opacity of AI systems in the collection, utilization, and generation of works, highlighting the need for a greater focus on the legal and social problems arising from…

January 27, 2025

Liu Zhuang and Li Xueyao

How do judges use large language models? Evidence from Shenzhen

This article reports on the systematic use of a large language model by a court in China to generate judicial opinions-arguably the first instance of this in the world. Based on this case study, we outline the interaction pattern between judges and generative artificial intelligence (AI) in real-world scenarios, namely: 1) judges make initial decisions; 2) the large language model generates reasoning…

January 2, 2025

Taorui Guan

Collaborative Protection of Intellectual Property

What constitutes the optimal approach to intellectual property (“IP”) protection? The mainstream method, prevalent in many countries, including the United States, is a court-centric model. In contrast, in response to heightened international innovation competition, China adopted an expansive collaborative protection model. This groundbreaking approach extends beyond governmental bodies, such as courts and administrative agencies, to non-governmental entities like private actors, social organizations,…

December 12, 2024

Haochen Sun and Madhavi Sunder (Georgetown University)

Intellectual Property, COVID-19 and the Next Pandemic: Diagnosing Problems, Developing Cures

This volume assesses the role of intellectual property in pandemic times through lessons learned from COVID-19. Authored by an international roster of experts, chapters diagnose causes for the inequitable distribution of lifesaving COVID-19 vaccines and offer concrete suggestions for reform. From delinking vaccine development from monopoly rights in technology, to enhanced legal requirements under national and international law for sharing publicly funded…

December 10, 2024

Kelvin Low and Megumi Hara

Cryptoassets and Property

The concept of property has always been, and remains, a vexed notion. Within civilian systems, the difficulty of incorporating the basic idea of ownership – surely fundamental to any idea of property – within the Gaian and other schema demonstrates the elusiveness of property. Its elusiveness lies in part in the intersection of various distinct ideas within the law of property. In…

December 2, 2024