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Over fifty years ago, Charles Reich posited that we should extend property protections to what he would call “government largess”: that array of interests—from licenses to welfare benefits—that often form the bases for one’s economic existence in the modern world. Reich considered such...
Persistent link: https://www.econbiz.de/10013236092
The relevance of the research is determined by the fact that it is necessary to differentiate the possibility of applying rights-terminating facts not only in general constructs of the civil branch of legislation but also in a number of private practices of sub-industries regulating general...
Persistent link: https://www.econbiz.de/10013236457
Robotic technologies have shown to have clear potential for providing innovation in treatments and treatment modalities for various diseases and disorders that cover unmet needs and are cost-efficient. However, the emergence of technology that promises to improve health outcomes raises the...
Persistent link: https://www.econbiz.de/10013238755
The purpose of this article is a detailed study of the legal aspects of the implementation of the bill of lading inthe context of the peculiarities of state legislation. Since the bill of lading is a security that gives the owner the legalauthority to receive the goods, it can be accepted as...
Persistent link: https://www.econbiz.de/10013244189
This article argues that the employment relationship remains central to vicarious liability for most, but not all, torts. It criticised the decision of the England and Wales Court of Appeal in Barclays Bank Plc v Various Claimants [2018] EWCA Civ 1670, a decision that was later reversed by the...
Persistent link: https://www.econbiz.de/10014030405
This chapter, forthcoming in the Oxford Handbook of the New Private Law, situates corporations and corporate law theory within the nascent New Private Law movement. Most theorists allied to the New Private Law focus on fundamental private law and so, in turn, bodies of law addressed to singular...
Persistent link: https://www.econbiz.de/10014032708
This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...
Persistent link: https://www.econbiz.de/10013116386
Persistent link: https://www.econbiz.de/10013152485
There is now agreement that around 10 per cent of all hospital admissions to acute care hospitals give rise to preventable adverse events. These high levels of injury throw into sharp relief the unfairness of the tort based system of compensation for medically related injury where a relatively...
Persistent link: https://www.econbiz.de/10013156679
The emerging importance of laws regarding exploitative abuse continues to prevail; not only the European Union but the United States, the jurisdiction least concerned about this type of abuse, is interested in dealing with standard-essential patents, and such cases include issues of exploitative...
Persistent link: https://www.econbiz.de/10013083677