This paper examines how the courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights on pharmaceutical products and the right to health. The paper begins by examining the nature of the relationship between patent rights and the right...

This paper examines how the courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights on pharmaceutical products and the right to health. The paper begins by examining the nature of the relationship between patent rights and the right...

The destruction of murals burdens artists around the world. Many times, the only option they can rely on is the prohibition of any distortion, mutilation or modification of work under art. 6bis of the Berne Convention, because multiple legal orders are silent on the prohibition of destruction....

Human rights concerns are hardly integrated in investment decisions. That is a missed opportunity given investors’ crucial role in putting pressure on corporations to produce better information on adverse human rights impacts and addressing these impacts. This article investigates why human...

The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and...

Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain under-explored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that...

Education has long stood at the epicenter of the battle for civil rights. More than half a century after the U.S. Supreme Court declared racially segregated schools unlawful in Brown v. Board of Education, educational opportunity and achievement gaps based on race, national origin, class, and...

Are human rights to be found in living instruments and practices that adapt to changing circumstances, or must they be interpreted according to their original meaning? That question, so heavily debated in the context of the rights of the U.S. Constitution, was never seriously on the table until...

Individualism is associated with an emphasis on personal liberty and self-determination, values that reduce support for patriarchal values and increase gender equality. Here, we investigate whether individualism affects women’s economics rights, a key institutional determinant of the economic...

Much political conflict in the world revolves around the issue of how much freedom to accord people. Liberal democracies are characterized by, e.g., the rule of law and a strong protection of civil rights, giving individuals a great deal of legally guaranteed freedom to lead their lives as they...

We live in a datafied society in which a vast network of public and private entities collect and combine our personal data. Algorithms sort these data troves and generate digital profiles that serve as gatekeepers to life’s necessities such as jobs, housing, health care, and education. Several...

Basic income has been a prominent policy proposal from a range of quarters in the context of uncertainty over the future of work and the problem of growing economic inequality. More recently it is being considered in some countries as a possible response to the economic fallout of the COVID-19...

Marital rape and intimate partner violence are controversial issues all over the world either because they are recognised as criminal acts and strongly condemned, or because they are silenced as something that belongs to the private sphere and should not be the object of public scrutiny. In...

Purpose The CoViD-19 pandemic has brought about a panoply of institutional challenges both domestically and in the international arena. Classical constitutional theory thereby underwent a reinvention by the executive for the sake of speedy policy action and to the detriment of institutional...

Between 1940 and 1970, more than 4 million African Americans moved from the South to the North of the United States, during the Second Great Migration. This same period witnessed the struggle and eventual success of the civil rights movement in ending institutionalized racial discrimination....

Between 1940 and 1970 more than 4 million African Americans moved from the South to the North of the United States, during the Second Great Migration. This same period witnessed the struggle and eventual success of the civil rights movement in ending institutionalized racial discrimination. This...

Marital rape and intimate partner violence are controversial issues all over the world either because they are recognised as criminal acts and strongly condemned, or because they are silenced as something that belongs to the private sphere and should not be the object of public scrutiny. In...

In March 2021, BlackRock Investment Stewardship published a short but consequential document titled “Our approach to engagement with companies on their human rights impacts.” This represents a significant move by the investment management firm into the global “business and human rights”...

In recent years, the EU competition framework has been under strain because of the increasing market interconnectivity. Criticisms have raised regarding the EU competition enforcement model. In response, institutional debate and measures have focused on the enhancement of fairness in this area...

We live in an age of intermediated network communications. Although the internet includes many intermediaries, some stand heads and shoulders above the rest. This article examines some of the responsibilities of “Super-Intermediaries” such as YouTube, Twitter, and Facebook, intermediaries...

Zipf’s law for city populations is a well-known statement regarding the proportions between the most populous cities of a given area, first mentioned by German physicist Felix Auerbach (Auerbach 1913, Zipf 1949, Simon 1955). Many observers, including Paul Krugman, have held Zipf’s law to be...

While researchers have long held that discrimination cannot endure in an increasingly competitive environment, there has been little work testing this dynamic process. This paper tests the hypothesis (based on Becker 1957) that increased competition resulting from globalization in the 1980s...

Title V of the Treaty on the functioning of the European Union (‘TFEU’) opens with the following statement: “the Union shall constitute an area of freedom security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States.” This...

The architecture of the EU system of protection of fundamental rights is uniquely complex. The web of Charter and Convention articles is closely interwoven with general principles of EU law,Treaty provisions as well as with rights enshrined in EU legislation. The latter have received limited...

Federal disclosure requirements in the campaign finance context contain loopholes that enable nonprofit organizations to conceal major donors influencing American elections. This funding from unnamed sources has been termed “dark money.” Though a number of states have adopted disclosure laws...

In this article we examine the encounter between global human rights ideas and domestic discourses of civil rights and social justice, focusing on processes of translation and adaptation of women’s human rights in two ethnographic sites in New York City. The first site is a citywide coalition...

The twentieth edition of the Heritage Foundation's popular survey of economic libertyThis year marks the 20th anniversary of the Index of Economic Freedom. With its user friendly format and straight-forward analysis, readers can track up to two decades of advancement in economic freedom,...

We estimate the health costs of supply-side barriers to accessing medical care. The setting is Colombia, where citizens have a constitutional right to health care, but insurance companies that manage delivery impose restrictions on access. We use administrative data on judicial claims for health...

Compliance with human rights is an important element of health resilience, generating popular legitimacy and trust, legality and legal certainty, and favourable effects for the economy. Crucially, it will save lives when societies will be confronted with new pandemics.Comprehensive, structured...

“No work is insignificant. All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.”–Dr. Martin Luther King Jr. Today, the important issue is how to save the human rights & dignity of migrant workers The problems of migrant workers...

Once a technology protected by patents is locked into a standard and investment is made in the standard-compliant product, working around the technology or switching to an alternative one will become far from possible for technology implementers. Such situation may result in an increase in the...

This paper explains and transmits a database and summarises the results of the Human Rights Measurement Initiative’s (HRMI’s) efforts to more fully integrate the 21 Pacific countries (excluding New Zealand and Australia) into HRMI’s economic and social rights (ESR) metrics. It also...