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It was Robert Nozick who, distinguishing the classical Liberal ‘night-watchman state' which protected citizens against violence and enforced contracts on their behalf, conjured instead the ‘ultraminimal state' in which the task of the state is confined to the monopolisation of violence...
Persistent link: https://www.econbiz.de/10012922464
The rule of law remains a hallowed principle even in the unpromising environment of counterterrorism, but failures to live up to rule of law rhetoric must be highlighted. As a result, one might question whether counter terrorism can realistically be conducted wholly in accordance with the rule...
Persistent link: https://www.econbiz.de/10013235705
The paper considers 'Counterterrorism in the United Kingdom' with reference to events in 2017. While exit from Europe dominated British politics during 2017, the UK’s terrorism landscape grew closer to that of continental Europe because of several mass-casualty terrorist attacks that were very...
Persistent link: https://www.econbiz.de/10014114931
This paper explores the extent to which the peer-to-peer (p2p) file-sharing of music is a form of communication protected from the restrictions of the Copyright, Designs and Patents Act 1988 (U.K.) (CDPA) by the guarantee of free expression enshrined in Article 10 of the European Convention on...
Persistent link: https://www.econbiz.de/10014061361
This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...
Persistent link: https://www.econbiz.de/10014108462
The CJEU published its much-awaited preliminary ruling in Case C-263/18 - Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. Our paper aims to introduce the Tom Kabinet ruling and discuss its direct and indirect consequences in copyright law. The...
Persistent link: https://www.econbiz.de/10013305734
The genealogy of risk is closely linked with the development of insurance, which in turn is linked to changes in the forms of political liberalism. This paper examines shifts in this triangular relationship from the early 19th century to the present, and argues that risk has changed its forms...
Persistent link: https://www.econbiz.de/10013155394
Persistent link: https://www.econbiz.de/10013106757
For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned...
Persistent link: https://www.econbiz.de/10013251164
The contributions of Foster (2005) and Halgreen (2004) are the latest in a series of debates, discussions, conferences, and academic scholarship on the subject of United States (US) and (or versus) European Union (EU) sport policy. In the context of international relations and foreign policy,...
Persistent link: https://www.econbiz.de/10014201961