Category Archives: Fundamental or Human Rights

Hugh Collins, ‘An Emerging Human Right to Protection against Unjustified Dismissal’

ABSTRACT Although a right to protection against unjustified dismissal is not widely recognised in human rights law, the European Court of Human Rights has begun to use Article 8 of the European Convention of Human Rights to develop a general right based on the adverse consequences to ordinary private life caused by an unjustified dismissal. […]

Paul Miller, ‘A Right For Retirement: Unconscionable Contracts, The Right (Not) to Associate, and Citizens United

ABSTRACT The article explores the consequences of the Citizens United through the lens of the equity doctrine of unconscionable contracts. This expands on the argument regarding shareholders’ Right of Association addressed in the Citizens United decision I create a hypothetical around the contracts used by companies that manage retirement funds. My argument is that a […]

Ferstman and Arajärvi, ‘Why Civil Claims Are A Necessary Part Of The Arsenal To Address Military Excesses: Assessing the UK Overseas Operations (Service Personnel and Veterans) Bill’

ABSTRACT … We argue that: i) Considering the checks and balances within the UK legal system and how it operates as a whole, impeding access to civil and human rights claims ignores the vital role such claims play in ensuring that criminal investigations and prosecutions and related accountability processes are not shut down prematurely. A […]

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, […]

‘New ABA Model Contract Clauses’

“As regular readers of the blog know, my passion is business and human rights, particularly related to supply chain due diligence and disclosure. The ABA has just released thirty-three model clauses based on the United Nations Guiding Principles on Business and Human Rights, and the OECD Due Diligence Guidance for Responsible Business Conduct. The ABA […]

Lindsay Holcomb, ‘The Role of Torts in the Fight Against Non-Consensual Pornography’

ABSTRACT This article argues that the criminal law, in its present form, is woefully inadequate as a means of addressing the harms caused to victims of revenge porn. Instead, such harms are best addressed within the framework of tort law, which can more effectively target the organizations that perpetrate nonconsensual porn and expose patterns of […]

Elizabeth Elving, ‘The Online Defamation Dilemma: Adapting an Age-old Doctrine to the Reality’

“… Section II traces the history behind the prior restraint doctrine, the formation of the modem rule, and how courts have managed the countervailing priorities of reputation and free speech. While often presented as a First Amendment matter, the controversy dates back to the courts of early modem England, which produced the prior restraint doctrine […]

Virginia Mantouvalou, ‘Structural Injustice and the Human Rights of Workers’

ABSTRACT An increasing number of jobs are precarious, making workers vulnerable to various forms of ill-treatment and exploitation. The UK Government’s main approach has been to criminalise the actions of unscrupulous employers who seek to exploit these. This approach, however, has been ineffective, partly because it ignores the broader socio-economic structures that place workers in […]

‘Trump Campaign Non-Disclosure and Non-Disparagement Provisions Deemed Unenforceable’

“On Tuesday, SDNY Judge Paul Gardephe issued this opinion in Denson v Donald J Trump for President, Inc (the Campaign) which challenged the enforceability of the non-disclosure agreements (NDAs) that campaign workers were required to enter into. Judge Gardephe granted plaintiff’s motion for summary judgment and declared the NDA non-enforceable as to her. She brought […]

João Marinotti, ‘Escaping Circularity: the Fourth Amendment and Property Law’

ABSTRACT The Supreme Court’s ‘reasonable expectation of privacy’ test under the Fourth Amendment has often been criticized as circular, and hence subjective and unpredictable. The Court is presumed to base its decisions on society’s expectations of privacy, while society’s expectations of privacy are themselves presumed to be based on the Court’s judgements. As a solution […]