Category Archives: Fundamental or Human Rights
Emmanuel Kojo Nartey, ‘Addressing Corporate Human Rights Violations and Environmental Harm: Advancing a Holistic Remedial Framework through Tort Law and the EU Corporate Sustainability Due Diligence Directive (CSDDD)’
ABSTRACT This research investigates solutions for instances of corporate human rights violations and environmental harm, with a focus on applying the ‘Eggshell Skull Rule’. It suggests a three-step method for determining liability and stresses the importance of restoring victims to their pre-violation condition. The study examines legal remedies, emphasising the significance of aggravated and exemplary […]
Katherine Nolan, ‘The Multi-faceted Role of the Individual in EU Data Protection Law’
ABSTRACT In an environment of mass digitalisation and datafication, myriad concerns arise about the effectiveness of information privacy and data protection laws. But a significant line of that criticism calls into the question the role of an individual. Is it correct to categorise EU data protection law as individualistic ? Understanding the place of the […]
Louis Hensler, ‘New York Times v Sullivan Protects Seditious Libel, Not Personal Libel’
ABSTRACT The theme of this article is that the core holding of New York Times v Sullivan, that the First Amendment protects personally harmless publications criticizing the government, can and should be distinguished from the more radical aspects of the Supreme Court’s present First Amendment jurisprudence that came later and that more aggressively impinge on […]
Elena Izyumenko, ‘Freedom of Expression as a Rationale for IP Protection’
ABSTRACT This article revisits the discussion on the rationales for intellectual property (IP) protection by addressing a particular justificatory theory for IP that had come to the forefront of legal discussions in recent years – the theory based on freedom of expression and information. This modern vision of IP focuses on the communicative nature of […]
Leufer and Hidvegi, ‘The Pitfalls of the European Union’s Risk-Based Approach to Digital Rulemaking’
ABSTRACT The European Union’s Artificial Intelligence Act takes a so-called risk-based approach to regulating artificial intelligence. In addition to being celebrated by industry, this risk-based approach is likely to spread due to the ‘Brussels Effect’ whereby EU legislation is taken as a model in other jurisdictions around the world. This article investigates how the AI […]
Douglas Kysar, ‘The Constitutional Claim to Individuation in Tort – A Tale of Two Centuries, Part 2’
ABSTRACT This article – drafted to honor Professor Aaron Twerski on the occasion of his festschrift at Brooklyn Law School – draws inspiration from his classic 1989 article on market share liability. In that article, Professor Twerski observed that doctrinal confusions in market share liability arose from judges who ‘had their feet firmly planted in […]
Thomas Ellis, ‘The Rise, Fall, and Resurrection of the Alien Tort Statute’
INTRODUCTION … This Comment explores the origin, purpose, reach, and Limitations of the ATS. The analysis begins with the Constitution and the original text of the ATS within Section 9 of the Judiciary Act of 1789, then moves to the application of the ATS in the modern world and concludes with how the ATS may […]
Kenneth Abraham, ‘Free Speech, Breathing Space, and Liability Insurance’
ABSTRACT In New York Times v Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts (invasion of privacy and intentional infliction of emotional distress), so as to create ‘breathing space’ – additional protection against liability for speech that has no constitutional value in itself. The idea […]
Carsten Koenig, ‘An Economic Analysis of Supply Chain Liability’
ABSTRACT Legislators and regulators around the globe are increasingly seeking to hold multinational companies accountable for human rights and environmental abuses in their supply chains, even when the harm is primarily caused by a subsidiary or business partner. This paper examines such supply chain liability from an economic perspective. It argues that it can be […]
Farah, Kunuji and Kent, ‘Civil Liability Under Sustainability Due Diligence Legislation: A Quiet Revolution?’
INTRODUCTION Despite the growing recognition of human rights and environmental considerations in the context of corporate governance and responsibilities, the dismal performance of businesses in this area has continued to be a source of concern. A new wave of sustainability due diligence legislation – culminating with the legislation of the EU proposed Corporate Sustainability Due […]