Category Archives: Fundamental or Human Rights
‘Greenifying Copyright Economic Rights and User Flexibilities in the Context of Upcycling’
Upcycling has become one of the trendiest buzzwords for people with a sustainability-oriented mindset. While the term might refer to various forms of recollection, improvement and reuse of data or (raw) materials, this post adopts a narrower focus. It is limited solely to reviewing how upcycling might be approached from a copyright perspective (for approaches […]
Antonija Ivančan, ‘“Intuitive” rules on clashes between the right to intellectual property (copyright) and other fundamental rights before the CJEU’
ABSTRACT This article focuses on determining the intuitive rules which govern the clash between the fundamental right to intellectual property (copyright) and other fundamental rights before the CJEU. Since all the fundamental rights recognized in the Charter are at the very top of the hierarchy of EU legal order, there is no direct substantive provision […]
Ben Chester Cheong, ‘Bending the Arc of Law: Positivism Meets Climate Change’s Intergenerational Challenge’
ABSTRACT Catalyzed by the surge in climate litigation worldwide, this article examines the tension between the moral imperatives of intergenerational justice and the operational constraints of positivist legal frameworks. It hypothesizes that while positivist doctrine prima facie challenges judicial application of intergenerational justice principles, reconciliation is possible through contextually attuned adjudication and evolved conceptions of […]
Geiger and Iaia, ‘Copyright and Freedom of Artistic Expression’
ABSTRACT The relationship between copyright and freedom of artistic expression can take two opposite forms. It can be represented in terms of enhancement when the expressions of the human personality are protected against the free riders, thus jeopardizing the moral and material interests of creators. However, it can also turn to be viewed as a […]
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 […]