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Since the early 2010s, and especially since the 10 June 2015 resolution of the European Parliament, there has been a growing interest in monitoring and measuring the rule of law in the Member States of the EU. Going beyond the available measurement tools in Europe, such as the EU Justice...
Persistent link: https://www.econbiz.de/10014116234
This article traces the origin and history of the use of ‘sealed offers’ as part of the ongoing negotiations between the parties engaged in litigation, with an objective to identify common principles which may be adopted in conducting international arbitrations. In common law jurisdictions,...
Persistent link: https://www.econbiz.de/10014088382
The rise of financial technology (fintech) has the potential to provide better-quality financial services to more people. Although these enhanced financial services have arisen to meet consumer need, their regulatory status threatens that progress. Many fintech firms are regulated on a...
Persistent link: https://www.econbiz.de/10012854570
Online copyright infringement is one of the toughest challenges the content industry has faced in the twenty first century. Article 8(3) of the Information Society Directive, implemented under section 97A of the UK Copyright, Designs and Patents Act, 1988, provides an injunctive remedy in...
Persistent link: https://www.econbiz.de/10010890185
The paper illustrates how architecture can be used to show the contribution and the use of technology in the legal system. The models created enable the rapid identification of the stakeholders, their objectives, the technologies they use, and their goals. Such understanding helps decision...
Persistent link: https://www.econbiz.de/10010945695
Youth incarcerated in the juvenile justice system are disproportionately exposed to traumas both in and outside of custody that are associated with poor social, behavioral, and developmental outcomes. The purpose of this paper is to describe one pathway through which trauma can impact a myriad...
Persistent link: https://www.econbiz.de/10010945696
While boys who offend have been a dominant majority and primary concern of the juvenile court since its earliest days, the population of delinquent girls has increased in recent years at a far higher rate in the U.S. The special challenges presented by females, however, continue to be generally...
Persistent link: https://www.econbiz.de/10010945697
Neuroscientific endeavours to uncover the causes of severe mental impairments may be viewed as supporting arguments for capacity-based mental health laws that enable compulsory detention and treatment. This article explores the tensions between clinical, human rights and legal concepts of...
Persistent link: https://www.econbiz.de/10011268480
“Why workers’ rights are not women’s rights” is an argument whose purpose is to make clear why workers’ rights rest on a masculine embodiment of the labor subject and it is this masculine embodiment which is at the center of employment contracts and employment relations systems. By...
Persistent link: https://www.econbiz.de/10011271518
This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil...
Persistent link: https://www.econbiz.de/10010762601