Category Archives: Fundamental or Human Rights
Alina Ng, ‘Progress as Impact: A Contemporary View of the Copyright and Patent Clause’
ABSTRACT The Constitution grants Congress the power to promote the progress of science and the useful arts through the intellectual property clause. Scholars and the courts understand ‘progress’ to mean an increase in the creation and dissemination of copyrighted works and patented inventions. It is assumed that an increase, whether quantitatively and qualitatively, in intellectual […]
Tzu-I Lee, ‘A Battle Between Moral Rights and Freedom of Expression: How Would Moral Rights Empower the “Charging Bull” Against the “Fearless Girl”?’
ABSTRACT The ‘Fearless Girl’ statue that stands in front of the iconic ‘Charging Bull’ sculpture in Manhattan’s ‘Financial District’ has drawn attention since an investment company first installed her for International Women’s Day in 2017. The ‘Fearless Girl’ alters the context and meaning of the ‘Charging Bull’ to a symbol of gender oppression in the […]
Patrick Lin, ‘Fair’s Fair: How Public Benefit Considerations in the Fair Use Doctrine Can Patch Bias in Artificial Intelligence Systems’
ABSTRACT The impact of artificial intelligence (AI) expands relentlessly despite well-documented examples of bias in AI systems, from facial recognition failing to differentiate between darker-skinned faces to hiring tools discriminating against female candidates. These biases can be introduced to AI systems in a variety of ways; however, a major source of bias is found in […]
Angela Kallhoff, ‘Public Goods as Obligatory Bridges between the Public and the Private’
ABSTRACT In the context of economics, the distinction between ‘the public’ and ‘the private’ has been paralleled with the distinction of ‘public policy’ on the one hand and the ‘private market’ on the other hand. Even though both spheres intermingle at some point, the first is the domain of government, the second is the domain […]
Alison Xu, ‘Four Farmersʼ Expedition: A Review of the Shell Case’
ABSTRACT The paper discusses the recent Dutch decision against the Shell group in respect of its liabilities for causing a few oil spillages in the Nigeria Delta region. It reviews the legal issues raised during the litigations, for instance, choice of forum, jurisdiction, and choice of law. It then notes that this high-profile case has […]
Recently published: Civil Remedies and Human Rights in Flux (Aristova and Grusic eds)
What private law avenues are open to victims of human rights violations? This collection explores this question across sixteen jurisdictions in the Global South and Global North, examining mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault […]
Claudia Haupt, ‘Pseudo-Professional Advice’
ABSTRACT Public demand for health advice has soared during the coronavirus pandemic. Numerous health experts, including licensed professionals and other individuals claiming relevant expertise, disseminated health advice on social media, television, and elsewhere. Some of this advice aligned with professional knowledge, some did not. And some advice even resulted in physical harm to those who […]
Clay Calvert, ‘The Power of Public Concern and First Amendment Values: Insulating Speech in Sports and Entertainment from Tort Liability for Others’ Action’
ABSTRACT When should First Amendment interests in free expression shield speakers from civil liability for harm to others caused by third parties who allegedly followed or otherwise were inspired by the speakers’ words? Two recent federal court opinions – Higgins v Kentucky Sports Radio, LLC involving post-game coverage by sports commentators about a college basketball […]
James Ely, ‘Liberty and Property: Indivisibility Linked?’
ABSTRACT This article examines the time-honored thesis that private property is indivisibly linked to the enjoyment of liberty. A reconsideration of this proposition seems timely as both private property and freedom of expression are under assault. The conviction that property was essential for individual liberty was commonplace throughout the eighteenth and nineteenth centuries. There was […]
‘The Duchess and the tabloid: copyright, fair dealing and freedom of expression in personal letters’
“There has been widespread press coverage of Meghan Markle’s (the Duchess of Sussex) recent success in a claim which she brought against the publishers of the Daily Mail, Mail on Sunday and the Mail Online website (‘the Mail’). In February 2021, the High Court granted Ms Markle summary judgment on her claim for misuse of […]