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The characteristics and the legal nature of the supervisory and resolution handbook of the EBA

Giotaki, Zoi Jenny; de la Bouillerie, Pauline; Nebot … - 2023

Court of Justice (ECJ or Court, hereinafter), in its recent case-law, dealt extensively with the legal nature of guidelines … principles set out in this case law for the guidelines should also be relevant for handbook …Article 16 of the EBA Founding Regulation enables the EBA to issue guidelines and recommendations, while Articles 8 (1 …

Persistent link: https://www.econbiz.de/10014565212

The Characteristics and the Legal Nature of the Supervisory and Resolution Handbook of the EBA

Giotaki, Jenny Zoi; de La Bouillerie, Pauline; Nebot … - 2023

Persistent link: https://www.econbiz.de/10014353107

Unconscionability as a Sword : The Case for an Affirmative Cause of Action

Williams, Brady - 2020

Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach, consumers need an arsenal of effective remedies. To that end, the doctrine of unconscionability provides a crucial defense against the inequities of rigid contract enforcement. However, the prevailing view...

Persistent link: https://www.econbiz.de/10012842816

Is it Still 'In the Game,' or Has Amateurism Left the Building? NCAA Student-Athletes’ Perceptions of Commercial Activity and Sports Video Games

Kaburakis, Anastasios; Pierce, David; Cianfrone, Beth; … - 2012

The NCAA maintains a balance between amateurism and the increasing need for generating revenue. In this balancing act, there are various policy considerations and legal constraints. These legal and policy entanglements bore such class action suits as Keller v. Electronic Arts, National...

Persistent link: https://www.econbiz.de/10014174615

L-Plates, Logbooks and Losing-Out : Regulating for Safety – Or Creating New Criminals?

Naylor, Bronwyn - 2011

In Victoria and New South Wales, young learner drivers have been required to have 120 hours supervised driving before taking their provisional license test since July 2007. Queenslanders under 25 have to show that they have completed 100 supervised hours. Most other states require at least 50...

Persistent link: https://www.econbiz.de/10014176740

The Fels Effect : Responsive Regulation and the Impact of Business Opinions of the ACCC

Parker, Christine; Nielsen, Vibeke Lehmann - 2014

As chair of the Australian Competition and Consumer Commission, Professor Allan Fels blasted his way into popular consciousness by aggressively using the media to promote noholds-barred enforcement against businesses that breached competition and consumer protection laws. Opinions were sharply...

Persistent link: https://www.econbiz.de/10014176741

Political Freedoms and Entitlements in the Australian Constitution – An Example of Referential Intentions Yielding Unexpected Legal Consequences

Emerton, Patrick - 2011

This article is about the interpretation of legal texts. Its immediate aim is to defend, against a certain sort of originalist objection, the well-known cases that hold that the Australian Constitution, by implication, guarantees certain political freedoms and entitlements. That is not to say...

Persistent link: https://www.econbiz.de/10014177726

Reputation in Trade Mark Infringement : Why Some Courts Think it Matters and Why it Should Not

Davison, Mark - 2011

Australian case law on infringement of registered trade marks has placed an increasing emphasis on the reputation of the owner of the registered trade mark in determining whether infringement has occurred. Consideration of the trade mark owner's reputation has been included in determining...

Persistent link: https://www.econbiz.de/10014177727

Litigation Opportunism, or Systemic Change De Jure? The Ongoing Legal War and Impending Crucial Battles that May Change the NCAA…Or Confirm Its Unique Position in the World of Sport

Kaburakis, Anastasios - 2010

US sport is unlike most of contemporary world sport. The demarcation between professional and amateur sport, on which the National Collegiate Athletic Association (NCAA) is built, is expressed by both major revenue producing sports at the highest level (Division I football and men’s...

Persistent link: https://www.econbiz.de/10014201882

International Comparative Sport Law - The US and EU Systems of Sport Governance : Commercialized v. Socio-Cultural Model Competition and Labor Law

Kaburakis, Anastasios - 2009

-based model differentiate certain policy initiatives in Europe and cases decided by the European Court of Justice (ECJ) from …

Persistent link: https://www.econbiz.de/10014201961