Suchergebnisse

Citizenship and free movement / Norbert Reich -- Open markets / Norbert Reich -- Competition law / Jeremy Scholes -- Adequate standards / Norbert Reich -- Autonomy / Annette Nordhausen Scholes -- Liability and judicial governance in the EU / Norbert Reich

The aim of this paper is to provide a general overview of the convergence of choice of law rules, belonging to the private international law, within the European Union. During the last decade the European Union has undertaken a broad process of harmonisation of choice of law rules. So far, there were adopted common conflict of law rules applicable to contractual obligations, non-contractual obligations, divorce and legal separation and maintenance obligations. In addition, some other legal documents are under negotiation, for instance, in the fields of succession and matrimonial property.

The broadening of copyright regulation has always been due to different factors since the appearance of Gutenberg's printing press in the middle of the 15th century. Amongst these factors the technological innovation and the constant changes of the copyright holders' and members of the society's needs have been the most notable ones. However, the first two centuries of copyright law might be characterized as the age of slow development. Contrary to this the importance of copyright regulation has extremely expanded in the last half century. The invention of photocopying machines and audio and video tape recorders that are capable for multiple reproduction of protected subject matter (mainly literary works, sound recordings and audiovisual contents) has speed up disputes between the different stakeholders. It has therefore become urgent to settle the emerging economic, social and legal disputes. The authors of this book take steps to introduce students some of the most recent and relevant examples of these disputes. Digitization has become such a dominant activity that it similarly can contribute to the preservation of our culture. Therefore issues of digitization by libraries and private corporations. The emergence of the problematic of and the solution for the orphan works dilemma also worth to mention and discuss. P2P file-sharing is a relatively new area of digital copyright law, but belongs to the most important question everywhere. The United States and the EU Member States follow, however, different paths in resolving this problem. The United States concept of contributory and vicarious liability doesn't exist on the European Continent, where – on the other hand – the public law and technological control seems to be much more effective than private law (copyright law). Related to the question of P2P file-sharing, the question of private copying exception rises up. In the past few years the Court of Justice of the European Union has been elaborating a new approach of the theory of private copying levies. Finally, the digital natives (as Viviane Reding has called the young generation that use internet as a main way of communication) contribute to the improvement of our culture as well. These usages have constantly contributed, however, to the emergence of several remarkable concerns, too. It is therefore necessary to discuss the interplay of copyright law and the web 2.0 phenomenon.

The connection between law and (imaginative) literature can still affect surprisingly. The theme of the present article is to summarize some of the basic features of the movement, which is called "Law and Literature" and to suggest some starting-points with which it is associated. These starting points include, for instance linguistic conception of law, narratology in law or the relations between law and culture. The article offers an overview of the classical approaches connecting law and literature and mentions the reasons for this connection: e.g. cultivation of law and lawyers, improvement of judicial decisions or improvement of legal interpretation. Some of the findings resulting from the joint of law and literature can be used in practice and goes beyond "mere" theory. The article is to be seen as an introduction to the movement of "Law and Literature", presentation of ideas on which this movement is based and offering the possibility of its further development. ; 4 ; 1 ; 6 ; 20 ; 1 ; Filozofia Publiczna i Edukacja Demokratyczna

In China, legislation exists which requires compulsory schooling for all students of school age. This article examines the functions of and the constraints on using law to institutionalize equality in basic education. It argues that, in China, law is a last resort, holding governments of various levels accountable. Law can be a device of social justice to promote equity in education by serving as an important mechanism to check and balance the state's power regarding its obligations toward instituting basic education, redistributing public resources, reducing disparities, and promoting equality in compulsory schooling. However, the use of legislation to promote equity in basic education is constrained by economic conditions and other extra-legal factors. This article concludes by offering an explanation of the functions of and constraints on law in the quest for equality in basic education, as well as the implications of China's experience for understanding law and change. © Springer 2009. ; postprint

In Effective Knowledge Management for Law Firms, Matthew Parsons draws on his work with a leading commercial law firm, Mallesons Stephen Jaques. He examines how law firms can implement a knowledge strategy to support their business strategy, rather than getting beguiled by fad and technology

Portugal's judiciary was comprehensively reformed after the transition to democracy in 1974. It is generally considered to be independent and providing relevant checks and balances. In the context of the euro crisis and the demands of the Troika (European Commission, European Central Bank, and International Monetary Fund) for cost-cutting from 2011 to 2014, the court structure across the country was significantly overhauled and centralised. As a consequence, the speed of judicial proceedings has improved, although the reform also meant that more remote areas of Portugal are now further removed from the courts. While Portugal receives positive marks in international indices for its rule of law, public perception of judicial performance in the country is relatively weak. This is due to several high-profile corruption cases involving national politicians and big business, which have so far not been resolved. In one such case, Portugal's former prime minister José Sócrates is charged with money laundering of an estimated 20 million euro. This and other high-profile cases suggest a need to strengthen the justice system's ability to uncover and process complex cases where financial and political power intersect. The way that these pending cases are treated and resolved will be an important indicator of the state of rule of law in the country.

This book focuses on two important trends in the future of Administrative Law. The first is the relevance of administrative law for developing legitimacy and accountability of multi-level regulatory systems. In a time of global trade in goods and services, as well as increasing interconnectedness of public institutions, administrative law is in a period of growth and transformation. This book examines these transformations in the context of global administrative law, as evidenced by increasing interest in the nature and conditions of EU administrative law, and the movement towards increasingly intense regulatory cooperation in bilateral settings (for example EU-US) as well as multilateral fora (for example in international organizations such as the WTO).