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תקציר בעברית: רשימה זו סוקרת באורח ביקורתי את ההישגים של הניתוח ההתנהגותי (ביהביוראלי) של החלטות שיפוטיות ואת האתגרים הניצבים בפני המחקר בתחום זה. בין היתר, הרשימה...
Persistent link: https://www.econbiz.de/10014146334
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...
Persistent link: https://www.econbiz.de/10014177067
Courts prevent conflict by requiring power to be exercised in a principled way. This paper discusses the implications of courts systems moving from a monopoly of power by nation states to emerging private court systems
Persistent link: https://www.econbiz.de/10013098514
This paper discusses the effect that cost shifting has on how parties use court processes for resolving disputes. This is related to policies that pass a party's costs to a neutral such as an insurer or a lawyer.. This leads to some conclusions about how the cost to parties of access to courts...
Persistent link: https://www.econbiz.de/10013098517
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
Trade mark grabbing. It happens a lot. Anywhere. Anytime. This article discusses the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. It outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade...
Persistent link: https://www.econbiz.de/10014148604
Article on the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. The article outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade mark applications on the grounds of earlier use. It discusses...
Persistent link: https://www.econbiz.de/10014038229
In the social sciences and in the law, currently governance is the dominant perspective. Institutions are interpreted as governance tools. This view is helpful, but overly narrow. This paper adds conflict, and conflict management, to the picture. It provides a systematic overview of conceptual...
Persistent link: https://www.econbiz.de/10014102920
This paper proposes a new framework to analyze the behavior of quot;public advocatesquot;, defined as professionals who seek to influence public policy on behalf of the public interest. Using the framework, it describes systemic pressures that lead public advocates to overuse adversarial,...
Persistent link: https://www.econbiz.de/10012735872
The study investigates how judicial review of policy and judicial independence affect the relative size of government. Judicial oversight of policy is the authority of courts to check the legality of policy measures and annul measures which are incompatible with the constitution or are enacted...
Persistent link: https://www.econbiz.de/10014067112