Category Archives: Fundamental or Human Rights

Holly Hancock, ‘The impact of the image on personal life: is current law out of focus?’

ABSTRACT Drawing upon empirical research carried out by the author, this paper demonstrates that the current law in England and Wales on privacy fails to provide appropriate recourse for a person who feels aggrieved at their photograph being taken and shared, particularly where this evokes emotions of embarrassment or humiliation. Whilst some improvements to the […]

Kotzé and Boggenpoel, ‘Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution’

ABSTRACT The Covid-19 pandemic, with its concomitant ‘stay at home’ catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, especially in a time when citizens from different social, cultural, customary or religious backgrounds and with different rights and interests are restricted to the boundaries […]

‘Italian Supreme Court rules on recognition and enforcement of a foreign judgment even if preceded by a worldwide freezing injunction’

“In a judgment rendered on 16 September 2021, the Italian Supreme Court (Corte di Cassazione) reversed a decision from the Court of Appeal of Rome, which had denied recognition and enforcement of a monetary judgment issued by the Royal Court of Guernsey, due to a breach of the fundamental rights of defence allegedly occurred in […]

Mark Wilde, ‘Extraterritorial liability of parent company for the torts of its subsidiary’

INTRODUCTION This important new case, on the liability of parent companies in multinational groupings for the torts of their subsidiaries, stems from long running disputes regarding oil spillages and pollution arising from Shell’s oil exploration and abstraction activities in the Niger Delta region of Nigeria. Shell has a long history of oil exploration in the […]

Philip O’Sullivan, ‘Putting a Check on Police Violence: The Legal Services Market, Section 1983, Torture, Abusive Detention Practices, and the Chicago Police Department from 1954 to 1967’

ABSTRACT This article explores the conception, rise, and initial implementation of a legal strategy which sought to fashion civil liability into a tool for reforming the Chicago Police Department (CPD) from the mid-1950s to 1967. A group of lawyers, working in close concert with the Illinois Division (their preferred name of choice at the time) […]

Hathaway, Ewell and Nohle, ‘Has the Alien Tort Statute Made a Difference? A Historical, Empirical, and Normative Assessment’

ABSTRACT The Alien Tort Statute (ATS), which allows aliens to file civil suit in US courts for violations of the law of nations, has been considered by many to be one of the most important legal tools for human rights litigation in the United States and perhaps even the world. The effectiveness of this tool, […]

‘Is US defamation law’s “actual malice” requirement still fit for purpose?’

“United States defamation law has made it famously difficult for claimants to win their cases. However, Supreme Court justices Neil Gorsuch and Clarence Thomas filed dissents in the case of Berisha v Lawson in July suggesting that a core precedent behind this difficulty is ripe for reconsideration. The precedent in question comes from New York […]

‘Property is not (just) private’

“Property is guaranteed. That’s what the German Constitution says, and from a common liberal perspective, freedom of property is a pretty straightforward thing: Here I am, my own proper body, my own hands‘ work and its fruits, what belongs to me, what is mine. There is the state, which would possibly take what is mine […]

D Theodore Rave, ‘Tort Claims As Property Rights’

ABSTRACT Courts have long said that legal claims are a constitutionally protected form of property. But what does that mean? This essay explores the treatment of legal claims as property rights in the context of mass torts in doctrinal, theoretical, and economic terms. Corrective justice and civil recourse conceptions of tort law dictate that tort […]

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

ABSTRACT Twitter parody defamation cases raise novel questions about how to translate defamation law to Twitter’s interactive platform. What constitutes a ‘reasonable’ reader on Twitter? What content is relevant to interpreting the meaning of a tweet from a parody account? The answers to these questions will have far-reaching effects for online speech. Parody authors are […]