Category Archives: Fundamental or Human Rights
Fahad Shahbaz, ‘The Integration of Human Rights within Corporate Law’
ABSTRACT It has been observed over the past decade or so that there has been a heightened interest and development towards human rights and its violations within the corporate sector globally and domestically at the state level. At some level the impact of corporations on human rights is underestimated, it can affect the people associated […]
Anthony Sangiuliano, ‘Justice Brown’s Private Law Egalitarianism’
ABSTRACT This article contributes to a counter-narrative about the jurisprudence of Supreme Court of Canada Justice Russell Brown by examining how some of his private law judgments advance egalitarian values and social justice. While Justice Brown’s constitutional equality decisions have attracted sustained criticism for allegedly undermining substantive equality under section 15 of the Canadian Charter […]
Jaafar Noor, ‘The Fourth Fictitious Commodity: Data Brokers, the Consumer Category, and the Commodification of Personhood in American Privacy Law’
ABSTRACT This paper argues that American privacy law’s reliance on the legal category ‘consumer’ is not a regulatory gap but the operative legal mechanism by which lived experience is constituted as a fictitious commodity. Drawing on Karl Polanyi’s analysis of fictitious commodities in The Great Transformation, the paper theorizes personhood as the fourth fictitious commodity […]
Carl Bogus, ‘Why New York Times v Sullivan Must Be Preserved’
ABSTRACT New York Times v Sullivan is under siege. Supreme Court justices and eminent members of the legal academy argue that its core holding – that public figures must prove actual malice by clear and convincing evidence, and that courts must evaluate the evidence to determine whether it is sufficient to support that finding – […]
Elena Izyumenko, ‘Trademark Law as Regulation of Expression: Why Article 10 ECHR Should Become the Internal Grammar of European Trademark Law’
ABSTRACT This chapter argues that European trademark law increasingly operates as a system of expression regulation and should therefore be reconstructed in light of Article 10 ECHR. Trademark law no longer merely protects consumers against deception: through anti-dilution protection, expansive infringement standards, and morality-based registration rules, it increasingly governs the circulation of cultural and political […]
John Manderscheid, ‘Constructive Trusts and Intergenerational Equity in Human Rights Law: Beyond the Public Trust Doctrine’
ABSTRACT Human rights litigation increasingly confronts claims that environmental degradation violates duties owed to future generations, yet existing doctrinal frameworks struggle to give these intergenerational obligations concrete effect. This article argues that the constructive trust offers a more coherent and workable private-law architecture for intergenerational equity than the public trust doctrine that dominates current scholarship […]
Helen Fenwick, ‘Campbell at 20: where now for the balancing act?’
ABSTRACT This article focuses on the findings in the seminal decision in Campbell as to the speech/privacy balancing act, to argue that since that decision two divergent strands of jurisprudence have emerged, placing those findings under some pressure. Firstly, it will be argued that the Campbell view of the proper conduct of the act – […]
‘Specifying a Fourth Integrity: A European Constitutional Method for the Digital Fairness Act’
The European Digital Fairness Act (DFA), which the Commission will table at the end of 2026 under the portfolio of Michael McGrath, is being drafted in the grammar of consumer protection. For adults, that grammar holds. For children, it is the wrong category. A child cannot meaningfully consent to the architectural shaping of the very […]
‘Doctrine by the Numbers’
Lewis Graham, ‘Interpreting the Interpretive Obligation: Empirical Insights into the Use of Section 3 of the Human Rights Act 1998’, Oxford Journal of Legal Studies (14 March 2026). It is not difficult to think of constitutional rules that are criticized, defended, or often both, on normative grounds that are more or less fact-free – not […]
Jill Fraley, ‘Constitutional Structures in Private Law and the Example of Waste Law’
ABSTRACT This Article proposes three criteria for when a private law mechanism performs a structural constitutional function: when it constrains present authority in the name of future stability, when it disperses enforcement to avoid centralized authority, and when it has structural entrenchment to avoid ordinary displacement. While many private law doctrines contain constitutional resonances or […]