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Clinicians, ethicists and lawyers have long debated the parameters of triage in response to the inevitable disasters that sporadically overwhelm the health care system. Almost universally, they have advocated for open, transparent and consultative triage protocols, guidelines and legislation to...
Persistent link: https://www.econbiz.de/10013216058
This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...
Persistent link: https://www.econbiz.de/10014153227
This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...
Persistent link: https://www.econbiz.de/10014344204
Persistent link: https://www.econbiz.de/10013023742
Public authorities in many jurisdictions are concerned about the proliferation of illegal content and products on online platforms. In this paper, we provide an economic appraisal of platform liability that highlights the effects of a stricter liability rule on several key variables such as...
Persistent link: https://www.econbiz.de/10012438368
The issue of climate change has at long last made its way into mainstream policy discussions in the United States. However, the focus both in the United States and internationally has been on reducing energy production and transportation emissions. This has led the media, policy makers and the...
Persistent link: https://www.econbiz.de/10014193208
Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...
Persistent link: https://www.econbiz.de/10014194824
One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...
Persistent link: https://www.econbiz.de/10014218074
This paper analyses what the decision in Bolagsupplysningen and Ilsjan (C-194/16) means for transborder intellectual property infringement disputes. In this case, the Court of Justice of the European Union extended “the centre of interests” basis of jurisdiction under Art. 7(2) of EU...
Persistent link: https://www.econbiz.de/10014112226
For many years, the rise in number of international units operated by U.S. franchisors has outpaced domestic growth. As the trend toward globalization accelerates, franchise owners must determine the most effective methods to protect their intellectual property rights wherever they do business....
Persistent link: https://www.econbiz.de/10012955493