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...

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,...

Our survey results demonstrate that targeted screening of airline passengers raises conflicting concerns of efficiency and equity. Support for profiling increases if there is a substantial reduction in avoided delays to other passengers. The time cost and benefit components of targeting affect...

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...