Oxford University Press's
Academic Insights for the Thinking World
Vulnerability is an intrinsic characteristic of human beings. We depend on others (families, social structures, and the state) to enjoy our essential needs and to flourish as human beings. In specific contexts and relationships, this dependency exposes us to power imbalances and higher risks of harm. In other words, it increases our vulnerability.
If you ask an average European if they may request Google or Facebook to delete their data, they are likely to refer to the EU General Data Protection Regulation (GDPR). They are also likely to turn to a Data Protection Authority (DPA) or even directly to the domestic courts for that matter.
Today, there are three dominant and competing models of digital regulation—the US, China, and the EU. Explore the nuances and implications of each model in the infographic.
Would you say that a(n actual) banana duct-taped to a wall may be protected by copyright? And would you consider a claim that the author of said duct-taped banana copied the work of another artist who had also duct-taped a (plastic) banana to a green cardboard an infringement of the copyright owned by said artist?
The focus of legal discussions on data protection and privacy is normally placed on the extent of the rights conferred by the law on individuals. But as litigation lawyers are painfully aware, to have a claim valid in law is not the same as succeeding in court, as being “right” is expensive business and litigation financing is a key part of being successful. It is therefore about time that the UK government should consider enacting legislation to provide a clear and comprehensive framework for collective redress.
The law of negotiable instruments is known for its sophistication and internal complexity. For centuries it has provided an effective legal solution for the pertinent needs of domestic and international commerce, facilitating predictability, protection of parties’ justified expectations, and the elimination of the risk involved in the physical carriage of money. The internal balance of its rules, doctrines, concepts, and principles has been achieved through a slow and ongoing evolution—a Sisyphean effort of adjudication tribunals to balance of the interests of commercial actors, fairness, legal predictability, and commercial utility.
The uncomfortable truth of internet regulation, which no government likes to admit openly, is encapsulated by one of the fundamental concepts of the law: jurisdiction.
Angela Huyue Zhang discusses the development, enforcement, and exceptionalism of Chinese antitrust law, and its impact on competition law in the EU and the US.