Category Archives: Fundamental or Human Rights
Jamalifar, Allameh and Nikdoosti, ‘The Impact of Fundamental Rights on the Adjustment of Private Contracts’
ABSTRACT In today’s world, fundamental human rights play a vital role in the realm of contract law, to the extent that the content of contracts must conform to this category of rights. In this study, the author aims to clarify the necessity of the influence and penetration of fundamental rights in the domain of private […]
Sabine Jacques, ‘Humour as Strategy: The Commercial Risks and Boundaries of Trade Mark Parody’
ABSTRACT It is indisputable that humour occupies a significant role within society, serving as a means through which individuals can engage with and reflect upon themselves, their communities, and the broader world. As a communicative tool, humour can function as a catalyst for inclusive discourse and provide a platform for the voices of marginalised groups. […]
Ishita Ishita, ‘Uniform Civil Code: Constitutional Promise or Political Agenda?’
ABSTRACT The Uniform Civil Code (UCC), foreseen in Article 44 of the Indian Constitution, aspires to a uniform body of personal laws to provide for equality, gender justice, and national integration. In a secular democracy, personal laws must conform to constitutional precepts, rather than religious laws, according to advocates, especially to safeguard women’s rights. Nonetheless, […]
Kathryn Ramsey Mason, ‘Civil Means to Criminal Ends’
ABSTRACT The divide between the civil and criminal legal systems is one of the most fundamental distinctions in American law. There are laws, however, that do not fit clearly into either category and the Supreme Court’s jurisprudence on how to categorize these statutes has been murky. Crime-free rental housing ordinances, which encourage or coerce private […]
Jurcys, Minssen, Fenwick and Corrales Compagnucci, ‘The Future of Privacy Law? A Comment on Solove/Hartzog’s “Kafka in the Age of AI and the Futility of Privacy as Control in an Age of AI”’
ABSTRACT This Comment engages with Daniel Solove and Woodrow Hartzog’s thought-provoking claim that ‘privacy as control’ is increasingly ‘futile’ in an era of ubiquitous AI. We share their concern about the profound power imbalances and structural opacity that characterize today’s data-driven systems, and we recognize the urgency of rethinking traditional privacy frameworks in light of […]
Lee, Ng, Yoo and Zhang, ‘Freedom of Expression Protection and Corporate Concealment of Bad News: Evidence from State Anti-SLAPP Laws’
ABSTRACT The protection of free speech enhances the ability of various public stakeholders to disseminate privately observed adverse information about public firms, making it difficult for corporate managers to conceal negative information about their companies. Using the staggered enactment of antistrategic lawsuit against public participation (anti-SLAPP) laws across US states as a shock that strengthens […]
‘Clicks and Consent Across Borders: Briskin v Shopify and the Global Reach of Privacy Rights’
Can a technology company based in Canada be sued in California for allegedly violating Californian privacy laws? In Briskin v Shopify, the Ninth Circuit Court of Appeals said yes. The April 2025 ruling opens the door for stronger enforcement of privacy rights in a global digital marketplace and ultimately reframes data protection as not just […]
James Phillips, ‘A Corpus Linguistic Analysis of “Possessions” in American English, 1760-1776’
ABSTRACT This article will proceed in four parts. Part I introduces the question at issue in the context of the first state constitution to include the term: the Pennsylvania Constitution. It does so, at least in part, because other state constitutions arguably copied the Pennsylvania Constitution, and thus the meaning of that constitution likely sheds […]
Franzki and Sánchez-Alfonso, ‘From Business and Human Rights to entangled accumulation: Making sense of violence along global value chains’
ABSTRACT ‘Business and Human Rights’ (BHR) has congealed as the predominant framework to conceive and address violence in the context of transnational production networks. This article presents an analysis of the assumptions regarding the nature of violence, its underlying economic causes and potential remedies that underpin contemporary BHR regulations. Drawing from literature on primitive accumulation […]
Stephen Park, ‘Human Rights Due Diligence at the Intersection of Corporate Compliance and Corporate Purpose’
ABSTRACT The concept of human rights due diligence (HRDD) is one part of a broad and diverse range of approaches to address the responsibilities of business to society. Through laws requiring that companies identify and address their adverse impacts on workers, communities, and the environment, HRDD expands the role of corporate compliance in making companies […]