Category Archives: Fundamental or Human Rights
Hassan Ahmad, ‘Against Settlement in Transnational Business and Human Rights Litigation’
ABSTRACT In ‘Against Settlement’, Owen Fiss argued that settlement may not always be the optimal result of civil suits, particularly those that involve novel or ambiguous areas of law or ostensible power imbalances. That work spurred a range of scholarship around the merits and demerits of settlement. And although the settlement versus litigation debate is […]
Sylvia Lu, ‘Regulating Algorithmic Harms’
ABSTRACT In recent years, the rapid expansion of artificial intelligence (AI) innovations has led to a rise in algorithmic harms – harms emerging from AI operations that pose significant threats to civil rights and democratic values in today’s technological landscape. A facial recognition system for improving criminal detection wrongly collected sensitive personal data and flagged […]
‘Australia: With more lawsuits potentially looming, should politicians be allowed to sue for defamation’
Western Australia Senator Linda Reynolds is already embroiled in a bruising defamation fight against her former staffer Brittany Higgins. Now, Opposition Leader Peter Dutton is reportedly considering suing independent MP Zali Steggall after she told him to ‘stop being racist’. It has become impossible to miss the fact that our political class – including some […]
Myriam Hunter-Henin, ‘Religious Expression and Exemptions in the Private Sector Workplace: Spotting Bias’
ABSTRACT Courts tasked with ruling on religious freedom claims in the private sector workplace have been faced with the following challenge: too weak a protection of religious freedom and it will become meaningless; too strong, and individual freedom will be stifled. Recently, courts on each side of the Atlantic have, respectively, leant towards each of […]
Clare Ryan, ‘The Public/Private Home’
ABSTRACT Families today are more private and more public than traditional family law doctrine ever envisioned. This Article reveals how many elements of family life, which the law often assumes will occur in public – work, school, social life – have moved into the private sphere of the home. While at the same time, private […]
Francesca Palmiotto, ‘The AI Act Roller Coaster: How Fundamental Rights Protection Evolved in the EU Legislative Process’
ABSTRACT Artificial Intelligence (AI) represents one of the biggest challenges to fundamental rights protection, a concern the European Union (EU) is actively addressing through regulatory initiatives like the AI Act and the AI Liability Directive. Within EU institutions, however, visions on the nature of such a challenge and the appropriate framework it should be dealt […]
Konstantinos Alexandris Polomarkakis, ‘A Culture of Commodification? Labour Rights in the Charter of Fundamental Rights of the European Union’
ABSTRACT This article examines the deficiencies of the labour rights enshrined in the Charter of Fundamental Rights of the European Union (EU). It draws on the notion of labour as a fictive commodity in order to showcase how labour rights in the Charter can also be framed as being part of a commodification process, owing […]
G Edward White, ‘Reconsidering the Legacy of New York Times v Sullivan’
ABSTRACT This Article argues that the ‘actual malice’ standard for recovery in defamation cases should be abandoned outside cases in which the plaintiff is a ‘public official’, currently defined as an employee of the government whose office invites public scrutiny and comment. The actual malice standard prevents many categories of plaintiffs from recovering substantial amounts […]
Anna Beckers, ‘Private Law and the Institutional (Re)turn’
SUMMARY In times of crises and social transformations, private lawyers turn to analysis of the institutions of private law. They turn to the contract, property, tort, restitution, or corporate personhood for both identifying the root causes of societal problems and for anchoring change in the legal system. My inaugural lecture discusses this frequent (re)turn to […]
Dalia Palombo, ‘Business, Human Rights and Climate Change: The Gradual Expansion of the Duty of Care’
ABSTRACT This article investigates how human rights considerations are increasingly shaping tort law by focusing on the gradual expansion of the duty of care in business and human rights cases. For decades, victims have attempted to hold parent companies to account for extraterritorial human rights abuses committed by their foreign subsidiaries. Recently, the Supreme Court […]