Showing 1 - 10 of 159
Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...
Persistent link: https://www.econbiz.de/10012958724
This article was the Kirby lecture presented in March 2009 at the Southern Cross University in Sydney, Australia. Adrien Wing's keynote speech was in support of Australian retired Justice Michael Kirby's legacy that national courts can and should gain strength from international law. The author...
Persistent link: https://www.econbiz.de/10013131073
The Respect for Marriage Act’s enhanced statutory protections for the right to marry are a legislative response to concerns generated by the Supreme Court’s Dobbs ruling about the future of LGBTQ constitutional rights. Although Dobbs repeatedly promised that its elimination of constitutional...
Persistent link: https://www.econbiz.de/10014240335
My argument will be that it is unjust in the broadest view of our legal system for judges to legislate, even if they confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in diminishing the judicial legislation position, it would...
Persistent link: https://www.econbiz.de/10014189173
Persistent link: https://www.econbiz.de/10013083947
This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...
Persistent link: https://www.econbiz.de/10014144725
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...
Persistent link: https://www.econbiz.de/10014360286
The author explains his conclusion that the Supreme Court, as a matter of conscience, considers racial discrimination to be good for America. That conclusion, he argues, offers the only plausible account of the Court's repeated insistence on displacing populist efforts to promote racial equality...
Persistent link: https://www.econbiz.de/10013097984
Vodafone acquired Hutchison (India) in 2007. Post-acquisition Vodafone has faced a turbulent time dealing with the tax authorities. The liability on Vodafone to withhold Capital Gains Tax was upheld by the Bombay High Court but subsequently rejected by the Indian Apex Court. However, the matter...
Persistent link: https://www.econbiz.de/10013073964