Major crises—from terrorist attacks to outbreaks of disease—bring the trade-off between individual civil liberties and national security or well-being into sharp relief. In this paper, we study to what extent individual preferences for protecting rights and civil liberties are elastic to...

This chapter discusses the evolution in jurisprudential understanding of the relationship between copyright and freedom of artistic expression in the European Union. It demonstrates how courts in France and several other EU member states have accepted a “fair use” approach that applies...

The respect for and protection of civil liberties are one of the fundamental roles of the state, and many consider civil liberties as sacred and "nontradable." Using cross-country representative surveys that cover 15 countries and over 370,000 respondents, we study whether and the extent to...

"At the time of writing, the novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19,1 has infected people in 212 countries and on every continent except Antarctica. As of May 17, 2020, 5,780 people have died in Canada, and worldwide, there are over 313,000 reported deaths. The...

Canadian health consumers have increasingly relied on the Charter of Rights and Freedoms to demand certain therapies and reasonably timely access to care. Organizing these cases into a 5-part typology, we examine how a rights-based discourse affects allocation of health care resources. First,...

This chapter of the Oxford Handbook of Online Intermediary Liability sets the stage for considering the tension between intermediary liability and fundamental rights with special emphasis on the European legal framework. Competing fundamental rights, such as freedom of expression, privacy,...

According to EU and international trade mark law, signs that are contrary to public policy or to accepted principles of morality may be denied registration. Public policy and morality are open legal concepts that provide a typical entrance door for fundamental rights, allowing the taking into...

Concerns have been raised about the "demise of democracy", possibly accelerated by pandemic-related restrictions. Using a survey experiment involving 8,206 respondents from five Western democracies, we find that subjects randomly exposed to information regarding civil liberties infringements...