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Professors and law students often consider citation boring to teach and to learn. But when we examine the skills inherent in constructing precise, correct citations, we see magic: The rules of creating flawless citations are the rules of being a good lawyer. This Article explores six valuable...
Persistent link: https://www.econbiz.de/10014079321
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 judgment of the Supreme Court in R. v. K.R.J. reflects an important potential change in the way proportionality analysis is conducted in the review of constitutional rights limitations under Canada’s Oakes test. Previously, most cases came down to the “Minimal Impairment” stage of...
Persistent link: https://www.econbiz.de/10014116805
Conventional wisdom says that lawyers are uniquely unhappy. Unfortunately, this conventional wisdom rests on a weak empirical foundation. The “unhappy lawyers” narrative relies on nonrandom survey data collected from volunteer respondents. Instead of depending on such data, researchers...
Persistent link: https://www.econbiz.de/10014094759
The Kuwait Nationality Law 1959 denies women the same rights as men to pass on their Kuwaiti citizenship to their children. Male Kuwaitis will automatically pass on their nationality to their children regardless of their choice of spouse, but the same is not true for Kuwaiti women. If a Kuwaiti...
Persistent link: https://www.econbiz.de/10014096163
Investment has become increasingly important in shaping the economic landscape in Asia. In recent years, there has been a burgeoning number of bilateral investment treaties (BITs) and investment chapters incorporated into bilateral and regional free trade agreements (FTAs) in China. The rapid...
Persistent link: https://www.econbiz.de/10014103359
The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...
Persistent link: https://www.econbiz.de/10014081394
The digitalisation of markets and the economy has brought new challenges to public enforcement since the same company behaviour can fall within the competence of different authorities (e.g. competition, data protection and consumer authorities). When different authorities intervene...
Persistent link: https://www.econbiz.de/10013230236
Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are referred to as...
Persistent link: https://www.econbiz.de/10014343838
The digitalisation of the economy and the emergence of players like online platforms and other digital service providers have brought new challenges for the effective enforcement of EU laws. This contribution looks at how public enforcement could be optimised in the EU by enhancing co-operation...
Persistent link: https://www.econbiz.de/10014261582