Krishan Thakker

The Federalism Case Against a Federal Right to Publicity

The goal of this paper is to (i) discuss the tensions between the right to publicity, Intellectual Property law and the First Amendment, while also providing a brief background on the development and evolution of the right to…more
| Art, Entertainment, & Sports Law, Conflict of Laws, Constitutional Law, Intellectual Property, Privacy

The Conflicts between EU Collecting Societies and EC Competition Law

The conflict between collecting societies within the European Union (E.U.), European Community (E.C.) competition law, and copyright law as it relates to musical works has recently become a controversial area of increasing…more
| Antitrust & Trade Regulation, Intellectual Property, International Law & Trade

Constitutional Limitations on British Parliamentary Sovereignty: Rule of Recognition Perspective

What this article seeks to analyse is the current constitutional scholarly movement in the United Kingdom towards a non-traditional way of interpreting its Constitution which closely resembles the methods implemented in the…more
| Constitutional Law

The Present Need for a Definitional Legislative Enactment of 'Volunteer Worker(s)' under Local New York City Labor Law, and the Protection of Volunteer Workers via Anti-Discrimination Law

RECOMMENDATION The position to be taken is that there is a demanding need in today’s economic environment for voluntary workers and applicants for voluntary positions to receive, by way of a separate legislative…more
| Administrative Law, Civil Procedure, Civil Remedies, Civil Rights, Constitutional Law

Discussion of the defence of consent within the tort of battery context

“If a person consents to what would otherwise be an unlawful touching, there can be no battery.” The issues which the preceding statement refers to revolve around how the defence of consent operates in the Law of…more
| Professional Malpractice, Personal Injury, Worker’s Compensation, Business Torts

Analysis of UK copyright law on: (i) "the originality criterion as it applies to 'copies' of works"; and (ii) "the ownership of employee created works and commissioned works".

Originality is a concept in Intellectual Property Law which is concerned with the relationship between the author and his/her work, and is one of several requirements that need to be satisfied for work to gain copyright…more
| Intellectual Property

Is it always true that the reasonable person test 'eliminates the personal equation' (Glasgow Corp v Muir, per Lord MacMillan)?

Negligence consists of falling below the standard of care required in the circumstances to protect others from the unreasonable risk of harm. Generally, the law regards this standard of care objectively, demanded by the activity…more
| Products Liability, Professional Malpractice, Personal Injury, Worker’s Compensation, Business Torts

The elimination of a 'democratic deficit' in the EU, in view of the limits on the powers of the European Parliament.

One of the main values of the European Union has always been a ‘respect for democracy’, and the significance of democracy within the Union order is emphasised by Article I-2 and Title VI of the Constitution,…more
| Administrative Law, Constitutional Law, Elections & Politics, International Law & Trade
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