08 December 2023
The Sound of RBG
The year 2023, which is slowly approaching its end, has marked a twofold jubilee of the late US Supreme Court Justice Ruth Bader Ginsburg. It is both the 90th anniversary of her birth and the 30th anniversary of her Supreme Court appointment. Her immense impact on US law and culture has been honored in a variety of ways, from a special issue of the Harvard Law Review and a ship’s name to a LEGO figure. One dimension of her remembrance, however, often escapes notice, although it offers a unique understanding of RBG’s legacy. This dimension is classical music. Music history has on many occasions venerated living or recently deceased contemporaries – it is enough to mention Verdi’s Requiem and the tangled ways of Beethoven’s Eroica dedication. It is, however, an extremely rare form of tribute when extended to lawyers for the sake of their legal accomplishments as such. Let's take a look. Continue reading >>
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18 May 2023
From Contract Law to Online Speech Governance
For years, contract law has been a hidden protagonist in the in the discourse on platform governance. he sound of this silence is especially salient against the backdrop of recent European case law that uses the contractual toolbox to infuse social media terms of service with fundamental rights, in particular the freedom of expression. In this way, contract law has produced – somewhat counterintuitively – one of the most telling responses to the key constitutional issue of social media: how to reconcile freedom of expression as a public value with the private nature of social media platforms. Continue reading >>
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