Category Archives: Fundamental or Human Rights

Tzu-I Lee, ‘A Battle Between Moral Rights and Freedom of Expression: How Would Moral Rights Empower the “Charging Bull” Against the “Fearless Girl”?’

ABSTRACT The ‘Fearless Girl’ statue that stands in front of the iconic ‘Charging Bull’ sculpture in Manhattan’s ‘Financial District’ has drawn attention since an investment company first installed her for International Women’s Day in 2017. The ‘Fearless Girl’ alters the context and meaning of the ‘Charging Bull’ to a symbol of gender oppression in the […]

‘Defamation Law Reform: A Tort Remedy for Ultrahazardous Words?’

Cristina Carmody Tilley, ‘(Re)Categorizing Defamation’, 94 Tulane Law Review 435 (2020). In the past few years, a number of prominent voices – including then-candidate Donald Trump, Justice Clarence Thomas, Justice Neil Gorsuch, federal appeals court judge Lawrence Silberman, top Democratic election lawyer Marc Elias, and others – have called for the Supreme Court to reconsider […]

Patrick Lin, ‘Fair’s Fair: How Public Benefit Considerations in the Fair Use Doctrine Can Patch Bias in Artificial Intelligence Systems’

ABSTRACT The impact of artificial intelligence (AI) expands relentlessly despite well-documented examples of bias in AI systems, from facial recognition failing to differentiate between darker-skinned faces to hiring tools discriminating against female candidates. These biases can be introduced to AI systems in a variety of ways; however, a major source of bias is found in […]

Yasmin Salama, ‘Obtaining Damages for Corporate Human Rights Violations in Investment Arbitration’

ABSTRACT Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding […]

Bayer, Bard, Vosyliūtė and Luk, ‘Strategic Lawsuits Against Public Participation (SLAPP) in the European Union. A Comparative Study’

ABSTRACT The European Commission has added the issue of Strategic Lawsuit(s) against Public Participation (SLAPP or SLAPPs) onto its legislative agenda for 2021. In particular, the European Democracy Action Plan targets SLAPP phenomenon. This study aims to shed light on the legal environment of SLAPP in the European Union and its Member States. This includes […]

Sylvia Lu, ‘Data Privacy, Human Rights, and Algorithmic Opacity’

ABSTRACT Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated. […]

‘Between Filters and Fundamental Rights: How the Court of Justice saved Article 17 in C-401/19 – Poland v Parliament and Council

“On 26 April 2022, the Court of Justice of the EU (CJEU or Court) delivered its much awaited judgement in Case C-401/19 – Poland v Parliament and Council. The case focuses on the validity of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in light of fundamental rights. The judgment marks […]

Orla Kelleher, ‘The Role of Judges in Systemic Climate Litigation: A Comparative Analysis of Ireland and the Netherlands’

ABSTRACT This paper addresses the question of what role the judiciary should play in reviewing the adequacy of a state’s climate mitigation policies from a constitutional and human rights perspective. Kelleher, Orla, The Role of Judges in Systemic Climate Litigation: A Comparative Analysis of Ireland and the Netherlands (2021). (2021) 16(2) Journal of Comparative Law […]

Lauren Scholz, ‘Private Rights of Action in Privacy Law’

ABSTRACT Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government’s power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of […]

‘Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter’

“Elon Musk’s purchase of Twitter has been a divisive event. Commenting on the response on Twitter and elsewhere, Musk tweeted: ‘The extreme antibody reaction from those who fear free speech says it all. By “free speech”, I simply mean that which matches the law. I am against censorship that goes far beyond the law. If […]