The law of unjust enrichment holds that one should not benefit from a crime, a wrong, or without just cause. Our research project explores the implications of this fundamental legal and moral principle to questions of public policy. For example, if oil companies profit from activities that contribute to the global climate crisis, should their earnings be considered unjust enrichment? Similarly, if social media platforms employ addictive algorithms to boost user engagement, despite knowing the negative impact on adolescent mental and physical health, should they be allowed to retain associated advertising profits?
Our research project explores the legal responses to these questions through a series of case studies touching on contemporary problems such as global warming, the opioid crisis, and AI-generated deepfakes. A common theme in our research is that many of today’s deepest and most persistent problems are highly profitable for powerful actors. As long as harmful activities remain lucrative, expecting them to cease would be naïve. Our case studies aim to propose new legal tools and practical solutions that courts and regulators can apply to address some of the most urgent challenges of our time.
This project is funded by a five-year grant from the European Research Council (ERC, UEPP, 101077050).