Category Archives: Fundamental or Human Rights

Jeremias Adams-Prassl, ‘What if Your Boss Was an Algorithm? The Rise of Artificial Intelligence at Work’

ABSTRACT Rapid advancements in automation will have a profound impact on labour markets. This paper focuses on a comparatively overlooked aspect of debates surrounding automation and the future of work: the rise of algorithmic management, enabled by hitherto infeasible forms of data collection and processing. As AI-driven decision-making is quickly becoming an important element of […]

Ewan McGaughey, ‘A Human is not a Resource’

INTRODUCTION … But a human is not a resource, and this is why many people working in HR are deeply ambivalent about their profession’s core assumptions. This makes it even more important to isolate the assumptions, and assess the effects. The effects are seen in (1) the regulation of part-time, fixed-term, agency and other casual […]

‘Implementations of article 17 of the DSM directive should be Free Speech by Design’

“The new Directive for Copyright in the Digital Single Market (‘DSM Directive’) was a controversial piece of legislation. Notably, its article 17 has raised many concerns for its impact on fundamental rights, and particularly freedom of expression. In contrast to the mostly declarative or procedural guarantees included in the directive, I argue that an effective […]

Tomer Stein, ‘Copyright and Dissent’

ABSTRACT This Essay brings to the fore the hitherto unnoticed feature of copyright: Copyright incentivizes dissent and protects marginalized authors. Absent copyright protection that allows authors to recoup their risks and costs, producers of unpopular works that deviate from the mainstream would have no incentives to pursue their socially valuable endeavors, unlike authors who reap […]

Pamela Samuelson, ‘Pushing Back on Stricter Copyright ISP Liability Rules’

ABSTRACT … This Article explores the development and current state of ISP copyright liability rules, beginning with the circumstances that led to the creation of ISP safe harbors, the Digital Millennium Copyright Act (DMCA) of 1998, and the role the US has played in making the notice-and-takedown regime an international standard. The Article then shows […]

Frank Vandall, ‘Suing The NRA for Damages’

ABSTRACT A solution is needed for the gun violence epidemic, where approximately 15,000 innocent persons are shot to death each year. Close analysis reveals that meaningful legislative solutions have failed to move forward. The reason for this failure is the National Rifle Association’s (NRA) stranglehold on federal and state legislators. This Article explores a nonlegislative […]

Domurath and Mak, ‘Private Law and Housing Justice in Europe’

ABSTRACT This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing’s meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we offer a new […]

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 […]