Category Archives: Fundamental or Human Rights

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 […]

Zalnieriute and Churches, ‘Rejecting the Transatlantic Outsourcing of Data Protection in the Face of Unrestrained Surveillance’

“In Case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (‘Schrems II‘) (EU:C:2020:559) the EU judicature was requested by the High Court of Ireland, to ascertain the validity of previous decisions for transfers of personal data by Facebook from the EU to the US under the Data Protection Directive (replaced by General […]

‘UKSC Judgment in Okpabi and Others vs Royal Dutch Shell and Another, and Colonial Vestiges’

“The February 2021 Judgment of the UK Supreme Court (UKSC) in Okpabi and Others vs Royal Dutch Shell and Another (Okpabi Case) has been deservingly applauded across the board, even though the Judgment is as of today not more than a procedural triumph for the claimants. From the point of view of access to remedies […]

Stevenson and Shorter, ‘Revisiting Gun Control and Tort Liability’

ABSTRACT Gun violence has long been an intractable policy problem in the United States, pitting gun rights advocates against public health experts against a backdrop of modern Second Amendment jurisprudence. The Supreme Court’s 2008 decision in Heller had the long-term effect of freezing federal firearm statutes in place, even as the number of guns in […]

Hassan Ahmad, ‘Judicializing Foreign Affairs: The Canada-Saudi Arms Deal and the Implications of Transnational Tort Law’

ABSTRACT Commentary on the Canada-Saudi Arms Deal has honed in on its foreign policy and political economy elements. I embark from that literature to tackle one intersectional area that finds its roots in American legal circles, but remains nascent in Canada. Private tort claims can serve as a basis for redress for individuals who have […]

‘Platform Liability under Article 17 of the Copyright in the Digital Single Market Directive, Automated Filtering and Fundamental Rights: An Impossible Match’: Christophe Geiger and Bernd Justin Jütte, Washington College of Law, 1 April 2021, 11:00am EST

Under the safe harbour rules of the EU Directive on electronic commerce (E-Commerce Directive), intermediaries in the EU were shielded from liability for acts of their users committed through their services, provided they had no knowledge of it. Twenty years later, the regime for online intermediaries in the EU fundamentally shifted with the adoption of […]

Seubert and Becker, ‘The Democratic Impact of Strengthening European Fundamental Rights in the Digital Age: The Example of Privacy Protection’

ABSTRACT In times of digital pervasion of everyday life, the EU has strengthened a normative idea of European fundamental rights, especially by referring to a strong notion of privacy protection. A normative corridor is evolving with the ‘right to privacy’ at its heart, a right that will be instrumental in shaping the European legal architecture’s […]

Gerhard Wagner, ‘Tort Law and Human Rights’

ABSTRACT The article explores the relationship between tort law and human rights. It explains the potential inherent in holding corporations liable in tort for human rights violations along the supply chain. Several European jurisdictions such as France and imposed duties of care on domestic corporations to minimize human rights violations caused abroad by subsidiaries or […]