Category Archives: Fundamental or Human Rights

‘Universal Civil Jurisdiction – Which Way Forward?’

“Serena Forlati and Pietro Franzina edited a book on the Universal Civil Jurisdiction, which was published by Brill a couple of days ago. The book features contributions prepared by colleagues from four different European countries and eight universities. The contributions included are the following …” (more) [Apostolos Anthimos, Conflict of Laws .net, 17 October]

Scott Keller, ‘Qualified and Absolute Immunity at Common Law’

ABSTRACT Qualified immunity has become one of the Supreme Court’s most controversial doctrines. But caselaw and scholarship has paid surprisingly little attention to how qualified immunity could be reformed – short of eliminating the doctrine altogether. While there has been plenty of commentary criticizing the Court’s existing ‘clearly established law’ test, there has been no […]

‘Judicial Law-making in European Private Law’: special issue of European Review of Private Law

Judges in Utopia: The Transformative Role of the Judiciary in European Private Law (Laura Burgers, Joanna Van Duin and Chantal Mak) Judging for Utopia: Climate Change and Judicial Action (Hans Petter Graver) Judicial governance by unfair contract terms law in the EU: Proposal for a New Research Agenda for Policy and Doctrine (Mónika Józon) Judicial […]

Marissa Jackson Sow, ‘Coming to Terms: Applying Contract Theory to the Detroit Water Shutoffs’

ABSTRACT After the City of Detroit underwent financial takeover and filed the largest municipal bankruptcy in American history in 2013, the city’s emergency manager encouraged mass water shutoffs as a way of making the city’s water utility a more attractive asset for sale. The sale never took place, but the water shutoff, too, became the […]

Bueno and Bright, ‘Implementing Human Rights Due Diligence Through Corporate Civil Liability’

ABSTRACT Since the adoption of the UN Guiding Principles on Business and Human Rights the relationship between human rights due diligence (HRDD) and corporate liability has been a source of legal uncertainty. In order to clarify this relationship, this article compares and contrasts civil liability provisions aiming at implementing HRDD. It explains the legal liability […]

‘How to get a libel injunction’

“Impossible, I hear you say. Everyone knows that the rule in Bonnard v Perryman [1891] 2 Ch 269 precludes it. A claimant will ordinarily be unable to obtain an interim injunction to restrain an apprehended alleged defamatory publication where a defendant states an intention to raise an affirmative defence. The rule has been in place […]

Raymond Brescia, ‘Zoning Cyberspace: Protecting Privacy in the Digital Upside Down’

ABSTRACT Over fifty years ago, Charles Reich posited that we should extend property protections to what he would call ‘government largess’: that array of interests – from licenses to welfare benefits – that often form the bases for one’s economic existence in the modern world. Reich considered such protections essential to the preservation of individual […]

‘The common law right to privacy in Scotland’

“BC & Others v Chief Constable of the Police Service of Scotland & Others [2020] CSIH 61. Last week, the Inner House of the Court of Session refused a reclaiming motion in relation to the use of racist, antisemitic and sexist WhatsApp messages in misconduct proceedings against ten police officers. The judgment discusses several interesting […]

Michael Higdon, ‘(In)Formal Marriage Equality’

ABSTRACT In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive – either through death or dissolution – to see marriage equality become the law of the land? […]

Glenn Harlan Reynolds, ‘Rethinking Libel for the Twenty-First Century’

ABSTRACT Today, many institutional arrangements reached in the mid-twentieth century are being rethought and renegotiated. One such arrangement involves libel, and the responsibility of publishers for harm they cause via defamation. In his recent concurrence to the denial of certiorari in the case of McKee v Cosby, Justice Clarence Thomas called for the Supreme Court […]