Category Archives: Fundamental or Human Rights
Bublick and Yakowitz Bambauer, ‘Tort Liability for Physical Harm to Police Arising From Protest: Common-Law Principles for a Politicized World’
ABSTRACT When police officers bring tort suits for physical harms suffered during protest, courts must navigate two critically important sets of values – on the one hand, protesters’ rights to free speech and assembly, and on the other, the value of officers’ lives, health, and rights of redress. This year courts, including the United States […]
Nadia Banteka, ‘Police Vigilantism’
ABSTRACT This Article uncovers a critical yet unexplored dimension of policing: the strategic oscillation of police officers between their roles as state actors and private individuals, and its significant implications for police accountability frameworks. As officers toggle between these two roles to their legal advantage, they exploit a deep systemic flaw in the structural design […]
Godden-Rasul and Murray, ‘Negligence and the Vulnerable Subject: Public Bodies and the Duty of Care’
ABSTRACT This paper explores the limits and radical potential of public authorities’ duties of care to hold the state to account for harms suffered by those who are most marginalised in society. It follows a wealth of feminist and critical scholarship critiquing the abstracted and individualised white, pecunious, male subject at the heart of tort […]
Leon Trakman, ‘The Cost of Free Speech: Is Your Personal Data Safe?’
ABSTRACT This article examines the supremacy accorded to free speech by the First Amendment of the American Constitution and in contrast, the European Union’s 2018 General Data Protection Regulation [GDPR] that highlights data protection. It compares speech as a fundamental human right in US law with the GDPR that champions individual and social rights in […]
Michael Wells, ‘Compensatory Damages and Dignitary Harm in the Upcoming Restatement of Constitutional Torts’
ABSTRACT A new Restatement of Constitutional Torts, just getting underway, and the Restatement (Third) Torts (Remedies) now in draft, provide an opportunity to revisit issues that have lain dormant for decades. In particular, federal courts typically require constitutional tort plaintiffs to prove physical or emotional harm in order to obtain damages. That doctrine deserves re-examination, […]
Matthew Schafer and Tanvi Valsangikar, ‘The Application of the New York Anti-SLAPP Scheme in Federal Court’
ABSTRACT In 2020, the New York Legislature amended the 1992 anti-SLAPP scheme. That scheme, meant to discourage strategic lawsuits against public participation (SLAPPs), had failed to serve its purposes. The 2020 amendments broadly expanded its scope and the strength of its protections. Yet, courts have adopted a cautious approach to the amendments, giving them a […]
Elizabeth Wicks, ‘The role of the right to life in respect of deaths caused by negligence in the healthcare context’
ABSTRACT This article investigates the question of whether a death caused by negligence in the healthcare context is capable of violating the right to life under Article 2 of the European Convention on Human Rights. This provision imposes extensive positive obligations upon Contracting States, including an operational duty to take reasonable steps to save a […]
Bart Custers and Gianclaudio Malgieri, ‘Priceless Data: Why the EU Fundamental Right to Data Protection is at Odds with Trade in Personal Data’
ABSTRACT Many free online services, including search engines and social media, use business models based on the collecting and processing of personal data of its users. The user data are analysed, leased or sold to generate profits. Basically, the users are not paying for the services with subscription fees or any kind of monetary payment, […]
Francesca Farrington, ‘A return to the doctrine of forum non conveniens after Brexit and the implications for corporate accountability’
ABSTRACT On 1 January 2021, the European Union’s uniform laws on jurisdiction in cross-border disputes ceased to have effect within the United Kingdom. Instead, the rules governing jurisdiction are now found within the Hague Convention 2005 where there is an exclusive choice of court agreement and revert to domestic law where there is not. Consequently, […]
Heidi Li Feldman, ‘What It Takes to Write Statutes that Hold the Firearms Industry Accountable to Civil Justice’
ABSTRACT This Essay defends statutes creating public nuisance and consumer protection causes of action against firearms industry actors for their failure to take reasonable measures to control the flow of their products to criminal users. Such laws are predicate statutes under PLCAA and do not infringe the Second Amendment. Heidi Li Feldman, What It Takes […]