Category Archives: Fundamental or Human Rights
Mark Fenster, ‘Breach Agents: The Legal Liability of Third Parties for the Breach of Reputational NDAs’
ABSTRACT Nondisclosure agreements intended to keep secret information that could harm one or both parties’ reputations have proliferated over the past decade. Many of them have been breached, some quite famously. Does a third party who assists a contracting party in breaching such an agreement — a member of the press or a family member, […]
Christine Haight Farley, ‘Trademark Fair Use Is No Joke’
ABSTRACT This Article examines how the Supreme Court’s 2023 decision in Jack Daniel’s Properties v VIP Products reveals the limitations of using parody as a framework for resolving tensions between trademark rights and free speech. While the Court’s ruling narrowed trademark protection in certain instances and acknowledged the importance of protecting parodic speech, it ultimately […]
Michael FitzGerald, ‘Not hollowed by a Delphic frenzy: European intermediary liability from the perspective of a bad man: A response to Martin Husovec et al’
ABSTRACT This article proposes a revisionary interpretation of a decade of European Court of Human Rights (ECtHR) jurisprudence on online intermediary liability. This interpretation is produced by applying methodological insights from classical legal realist scholars including from Karl Llewellyn and Oliver Wendell Holmes. This article applies Holmes’s famous heuristic device of the ‘bad man’ to […]
Almada and Petit, ‘The EU AI Act: Between the Rock of Product Safety and the Hard Place of Fundamental Rights’
ABSTRACT The European Union (EU) Artificial Intelligence Act (the AI Act) sets out a hybrid regulatory framework. The AI Act combines two classic traditions of EU law, namely product safety and fundamental rights protection. However, the proposed combination can fail if it does not account for the structural differences between the two legal traditions. This […]
SLS Seminar Series Program: Litigation against extractives: Anglia Ruskin University, 9-10 April 2025
Examine the role of litigation in holding extractive industries accountable for environmental degradation and human rights violations … (more, registration)
Debadatta Bose, ‘The Tort of Irresponsible Contracting: Supply Chain Liability Explained Through Begum v Maran’
ABSTRACT This book chapter challenges the notion that business decisions are isolated from human rights considerations. It places a large emphasis on the UK case of Begum v Maran, where a corporation was held potentially liable in tort for harms in a Bangladeshi shipyard where a ship it sold ended up for demolition. The case […]
Annalisa Savaresi, ‘Verein KlimaSeniorinnen Schweiz and Others v Switzerland: Making Climate Litigation History’
ABSTRACT This case note examines the landmark judgment issued by the European Court of Human Rights regarding the complaint brought by the NGO Verein KlimaSeniorinnen Schweiz and four individual applicants against Switzerland. It explores the groundbreaking nature of this judgement and its broader implications for climate change litigation at the national, regional, and international levels. […]
Susanna Kim Ripken, ‘Corporate Civil Disobedience’
ABSTRACT Classic theories of civil disobedience endorse the right of individuals to commit illegal acts to protest unjust laws and policies. Acts of civil disobedience have historically played a central role in exposing injustice and producing vital legal and social change. The literature on civil disobedience is vast; political and legal theorists have long recognized […]
E Garrett West, ‘Refining Constitutional Torts’
ABSTRACT The constitutional tort is one of the most important mechanisms for vindicating constitutional rights. But the doctrine governing such claims is in disarray. A plaintiff bringing suit against a state official under § 1983 or a federal officer under Bivens faces a series of hurdles to obtain relief: The Supreme Court has crafted absolute- […]
Steele and Swaffer, ‘“The Compensation is Changing the Future”: A Reparative Approach to Redressing Human Rights Violations Experienced by People Living with Dementia in Long Term Care’
ABSTRACT This article presents findings of an empirical study of community perspectives on redressing human rights violations experienced by people with dementia in long term care institutions (LTC institutions). Research participants – including people with dementia – expressed strong preference for a redress approach providing recognition and validation of individuals’ experiences of harm, affirming humanity […]