In line with the Description of the Action (DoA) the main research achievements are published and forthcoming articles in legal journals, all dedicated to the development of the law of unjust enrichment as an instrument of public policy. As detailed in the DoA, the project includes investigation into the doctrine and principles of the law of unjust enrichment, as well as several case studies.
A first group of articles relates to climate change and climate litigation. Two law review articles in this series have already been accepted for publication. The first paper is titled “Climate Change as Unjust Enrichment,” coauthored by the PI together with Maytal Gilboa and Roee Sarel, and was published in the Georgetown Law Journal in 2024. The second paper is titled “Climate Lies and Unjust Gains,” coauthored by the PI with Vanessa Casado-Perez, Yael Lifshitz and Niv Meyerson, and is forthcoming in the Emory Law Journal. The authors of the first article were also invited to contribute a chapter on unjust enrichment and climate change to the forthcoming Oxford handbook on Climate change and Private Law.
Another series of articles focus on disinformation, platform regulation, and AI liability. The first of these articles, “Unjust Enrichment by Algorithm,” co-authored by the PI and Ayelet Gordon-Tapiero, was published in the George Washington Law Review. Another paper, titled “AI Training as Unjust Enrichment,” also coauthored by the PI and Ayelet Gordon-Tapiero, is forthcoming in Ohio State Law Journal. Another article, titled “Deepfake Liability,” Coauthored by the PI with Ayelet Gordon-Tapiero and Gideon Parchomovsky, is forthcoming in the North Carolina Law Review.
The article titled “The Opioids Crisis as Unjust Enrichment,” coauthored with Ohad Somech and Maytal Gilboa, is forthcoming in the North Carolina Law Review. This article studies the applicability of unjust enrichment law to the regulatory fraud that generated the opioids crisis.
The project aims to offer general insights into the applicability of unjust enrichment law to issues of public policy and broad societal problems also beyond these areas and case studies. Within this framework, several papers have explored modifications to existing unjust enrichment remedies, in varied doctrinal contexts including contract law, family law, and intellectual property. The article titled “the Reliance Interest in Intellectual Property Law” was coauthored by the PI together with Gideon Parchomovsky and is forthcoming in the Boston University Law Review. The article “The Uneasy Case for Copyright Disgorgement”, by Roy Baharad, forthcoming in the Florida Law Review, reexamines established justifications for the disgorgement remedy. Another article by Roy Baharad, titled “Contract Remedies and Search Efforts,” forthcoming in the Journal of Law and Economics, studies the novel concepts of partial disgorgement and conditional disgorgement. In addition, a series of articles study the role of unjust enrichment remedies and causes of action in the field of family law. The first of these articles, titled “Paternity Fraud: Damages, Restitution, and Remedies against Third Parties," coauthored by the PI with Shay Hay and Benjamin Shmueli and published in BIU Law Review, was cited by the Israeli Supreme Court.
The articles described above comprise a growing body of literature offering uses of unjust enrichment law as a basis for social change and studying existing elements in unjust enrichment law that might be used to promote public policy goals.
