Category Archives: Fundamental or Human Rights

Benedict Coxon, ‘The Prospective (Ir)Relevance of Section 3 of the Human Rights Act: A Comparative Perspective’

ABSTRACT This article suggests that the power conferred on United Kingdom courts by section 3(1) of the Human Rights Act 1998 (UKHRA) is legitimate as a matter of the interpretation of that provision. It sets out a contextual approach to the interpretation of section 3(1) consistent with general principles of statutory interpretation. This differs from […]

Michael Wells, ‘Some Objections to Strict Liability for Constitutional Torts’

ABSTRACT Qualified immunity protects officials from damages for constitutional violations, unless they have violated ‘clearly established’ rights. Local governments enjoy no immunity, but may not be sued on a vicarious liability theory for constitutional violations committed by their employees. Critics of the current regime would overturn of these rules, in order to vindicate constitutional rights […]

‘Online Harms and the Legality Principle’

“The government’s Online Harms proposals, seeking to impose obligations on online intermediaries to suppress and inhibit some kinds of content posted by users, have been dogged from the outset by questionable compatibility with the rule of law. The situation has not been improved by the government’s response to its White Paper consultation and a recent […]

Farah and Kunuji, ‘Contractualisation of Human Rights, and public participation – Challenges and prospects’

ABSTRACT The integration of human rights provisions into contracts also known as ‘contractualisation of human rights’ can potentially mitigate human rights risks to communities and individuals, and even help the realization of human rights during the operation of large scale investment projects. Whilst this practice presents enormous potential for the realization and respect of human […]

‘Abolishing Qualified Immunity Is Unlikely to Alter Police Behavior’

“The national movement galvanized by the killing of George Floyd has created the possibility of transformational change to policing. One reform that has generated broad discussion is eliminating ‘qualified immunity’, the court-created doctrine that makes it difficult for people whose civil rights are violated by police officers to obtain money damages in lawsuits …” (more) […]

O’Connell and Bakina, ‘Using IP rights to protect human rights: copyright for “revenge porn” removal’

ABSTRACT ‘Revenge pornography’ is a concept which embraces a broad spectrum of the non-consensual distribution of private sexual images. Acknowledging the harms that arise from this practice and the human rights implications of ‘revenge pornography’, this paper focuses on the difficulty of removing those images from the Internet. It considers the legal vehicles which can […]

Emma Lux, ‘Twitter, Parody, and the First Amendment: A Contextual Approach to Twitter Parody Defamation’

ABSTRACT As defamation lawsuits against Twitter parody accounts become more common, courts are grappling with how to properly apply precedent developed in the context of traditional media to tweets. Twitter parody defamation cases, like Congressman Devin Nunes’s infamous lawsuit against the @DevinCow Twitter parody account, raise novel questions like how courts should conceive of ‘reasonable’ […]

Sabine Tsuruda, ‘Working as Equal Moral Agents’

ABSTRACT This article develops and advances a liberal ideal of equality for evaluating the lawful scope of employer control over employees. It argues that, in addition to attending to discrimination and bargaining power asymmetries, we should ensure that our laws treat workers as the moral equals of their bosses more broadly – as people with […]

David Hudson, ‘Anti-Slapp Coverage and the First Amendment: Hurdles to Defamation Suits in Political Campaigns’

ABSTRACT Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history, familial conduct, or other matters. Whatever the subject, emotions undoubtedly run high during hotly contested campaigns. However, First Amendment protection is at its zenith when speakers engage in political speech, and […]

‘Does copyright law have to balance fundamental rights beyond the written exceptions? Unfortunately, the German Federal Supreme Court has recently left this question open.’

“Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as ‘Afghanistan Papiere‘) and Spiegel Online (also known as ‘Reformistischer Aufbruch‘), concern the conflict between copyright and the fundamental rights of […]