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Full-Text Articles in Law
Transnational Legal Ordering Of Data, Disinformation, Privacy, And Speech, David Kaye, Gregory C. Shaffer
Transnational Legal Ordering Of Data, Disinformation, Privacy, And Speech, David Kaye, Gregory C. Shaffer
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.
Data As Public Goods Or Private Properties?: A Way Out Of Conflict Between Data Protection And Free Speech, Kyung Sin Park
Data As Public Goods Or Private Properties?: A Way Out Of Conflict Between Data Protection And Free Speech, Kyung Sin Park
UC Irvine Journal of International, Transnational, and Comparative Law
In this Article, I will review the origins of data protection laws and reestablish the concept of “data surveillance” as the primary evil that data protection laws should try to abate. From this review, I discover a transnational principle that strong data protection laws are must-haves for all jurisdictions wishing to protect privacy for their people, but that data protection laws should not be applied to data that have been made publicly available through legitimate process. I then find legislative examples embodying such principle. Next, I will look at “scientific research” exemptions from data subjects’ control on pseudonymized data, and …
Misguided At Best, Malevolent At Worst: The International Impact Of United States Policy On Reproductive Rights, Lindsay Marum
Misguided At Best, Malevolent At Worst: The International Impact Of United States Policy On Reproductive Rights, Lindsay Marum
UC Irvine Journal of International, Transnational, and Comparative Law
This Note discusses the effect of U.S. foreign policies on the reproductive rights of women in developing countries. Many international human rights treaties and their progeny have consistently found that reproductive rights are intertwined with basic human rights, such as the right to privacy, the right to health, the right to education, and the right to start a family. Despite considering itself a superpower among all other countries, U.S. policies like the Helms Amendment and the Mexico City Policy fail to adhere to these basic international human rights standards. At the same time the United States recognized the constitutional right …
Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers
UC Irvine Journal of International, Transnational, and Comparative Law
This Note uses the example of the United States’ immigration policies to analyze the following questions: (1) what type of rights international human rights are; (2) where these rights come from; (3) how their content should be determined; and (4) what conditions need to exist in order for them to be enforced. The Note argues that answering these questions is an essential prerequisite to enforcing human rights in a way that is truly universal. Part I of the Note grounds these questions in human experience through the case of a refugee seeking asylum at the U.S. border in San Ysidro …
The Limits Of International Law In Content Moderation, Evelyn Douek
The Limits Of International Law In Content Moderation, Evelyn Douek
UC Irvine Journal of International, Transnational, and Comparative Law
In remarkably short order, there has been growing convergence, especially in academia and civil society, around the idea that major social media platforms should use international human rights law (IHRL) as the basis for their content moderation rules. Even platforms themselves have begun to agree. But why have these legendarily growth-obsessed companies been so quick to voluntarily say they are jumping on this bandwagon? Afterall, advocates for incorporating IHRL into content moderation governance generally envision it operating as a constraint on social media platforms’ operations. There are both encouraging and less encouraging explanations. For the glass half-full types, there is …
Regulating Disinformation In Europe: Implications For Speech And Privacy, Joris Van Hoboken, Ronan Ó Fathaigh
Regulating Disinformation In Europe: Implications For Speech And Privacy, Joris Van Hoboken, Ronan Ó Fathaigh
UC Irvine Journal of International, Transnational, and Comparative Law
This Article examines the ongoing dynamics in the regulation of disinformation in Europe, focusing on the intersection between the right to freedom of expression and the right to privacy. Importantly, there has been a recent wave of regulatory measures and other forms of pressure on online platforms to tackle disinformation in Europe. These measures play out in different ways at the intersection of the right to freedom of expression and the right to privacy. Crucially, as governments, journalists, and researchers seek greater transparency and access to information from online platforms to evaluate their impact on the health of their democracies, …
Masthead, Mission Statement, And Table Of Contents
Masthead, Mission Statement, And Table Of Contents
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.