Category Archives: Fundamental or Human Rights

Nick Friedman, ‘Corporate Liability Design for Human Rights Abuses: Individual and Entity Liability for Due Diligence’

ABSTRACT In this article, I critically review the economic theory of corporate liability design, focusing on the allocation of liability between a corporation and its individual human agents. I apply this theory to transnational commercial contexts where human rights abuses occur and assess the likely efficacy of some putative liability regimes, including regimes requiring corporations […]

Alex Long, ‘All I Really Need to Know About Defamation Law in the 21st Century I Learned From Watching Hulk Hogan’

ABSTRACT If there is a body of law that is ripe for reappraisal in light of changing times, it is defamation law. Changes in how news is reported and entertainment is produced have blurred some of the traditional legal rules regarding the distinction between actionable fact and non-actionable fiction. At the same time, advances in […]

‘The Legacy of the Mothers of Srebrenica Case’: special Issue of the Utrecht Journal of International and European Law

Introduction: Special Issue ‘The Legacy of the Mothers of Srebrenica Case’ (Cedric Ryngaert and Kushtrim Istrefi) Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law (Rianka Rijnhout) The Right to Life in the Mothers of Srebrenica Case: Reversing the Positive Obligation to Protect from the Duty of Means to that of a Result […]

‘Our Joy: An Inclusive Right of Enjoyment in Property and Contract Law’

Nancy Leong, ‘Enjoyed by White Citizens’, 108 Georgetown Law Journal (forthcoming, 2021), available at SSRN. I recall being confused by how the average 1L Property course treated the ‘important’ property provisions. I was struck that we spent all of our time on the 5th Amendment clause that required compensation by the government for the ‘taking’ […]

‘AG Øe advises CJEU to rule that Article 17 is COMPATIBLE with the EU Charter of Fundamental Rights and should not be annulled’

“Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights, notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Indeed, shortly after the adoption of the Directive in 2019, this country lodged a complaint (C-401/19) before […]

Ned Snow, ‘Barring Immoral Speech in Patent and Copyright’

ABSTRACT In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, […]

‘Case Law, Strasbourg: Hurbain v Belgium, Order to anonymise newspaper archive did not violate Article 10′

“In the case of Hurbain v Belgium [2021] ECHR 544 (in French only), the European Court of Human Rights (Third Section), held that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach […]

Bill Swannie, ‘Speaking Back: Comparing Australia’s Civil Racial Laws to Counterspeech Alternatives’

ABSTRACT This article examines two versions of the argument that speaking back is an appropriate response by the state to instances of vilification, or hate speech. It finds that civil anti-vilification laws are preferable to counterspeech responses for two reasons. First, these laws enable victims of vilification to seek legal redress for the wrong committed […]

‘All about images: privacy, visuocentrism, and the Hancock affair’

“On Friday 25 June 2021, British tabloid The Sun published pictures of the UK Health Secretary, Matt Hancock, kissing Gina Coladangelo in his office at the Department of Health. These pictures were, it seems, captured by a CCTV camera in the office and leaked by person(s) unknown to the newspaper. The pictures were soon joined […]

Geiger and Izyumenko, ‘Designing a Freedom of Expression-Compliant Framework for Moral Rights in the EU: Challenges and Proposals’

ABSTRACT … The discussion proceeds in four parts. The first part outlines unharmonized status of the moral rights protection in the EU and ambiguities as to the availability in their context of the so-called ‘exceptions’ to the exclusive rights of copyright holders. The chapter then turns to the discussion of the recent dynamics in the […]