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People are considered bio-psycho-social beings. From the beginning of mankind, violence as part of human nature has manifested itself in relation to the other through the crime committed by Cain against his brother Abel. As time passed, it was found that a form of protection is needed to prolong the life of the individual, and thus by accepting the "social contract", man gave up his natural state in which freedom was absolute, in order to obey the law. In this paper I will bring to the fore a series of considerations with a focus on violence, emphasizing the idea of the vice of consent.

Abstract
The aim of this article is to illustrate the importance of the EU principle of proportionality for the application of the rules governing the composition and qualifications of credit institutions' Board of Directors. The view taken is that the principle of proportionality as enshrined in the EU legislation and the case law can safeguard both the private and the public interests in favour of the smooth functioning of the banks and the stability of the financial system. Under this perspective, this article discusses special issues such as conditional approval, informal assessment, allocation of the burden of proof and judicial review.

Excerpt of table of contents: Acknowledgments; Abbreviations; 1 Introduction: Immigration Detention in Contemporary Europe; PART I: THEORY: 2 Sovereignty, People and Territory; 3 Limiting Sovereign Power; PART II: DOCTRINE AND PRACTICE: 4 Freedom of Movement I: The Right to Leave as a Human Right; 5 Freedom of Movement II: Decisions on Entry as a Sovereign Prerogative?; 6 Reaffirming Sovereignty and Reproducing Territoriality: Deportation and Detention; 7 International Human Rights Law on Immigration Detention; 8 The ECtHR: Detention as a 'Necessary Adjunct' to an 'Undeniable Sovereign Right'?; PART III: CONCLUSIONS: 9 Destabilizing Territorial Sovereignty through Human Rights Litigation in Immigration Detention Cases; Bibliography; Table of Cases.

Providing a well-rounded presentation of the constitution and evolution of civil rights in the United States, this book will be useful for students and academics with an interest in civil rights, race and the law. Abraham L Davis and Barbara Luck Graham's purpose is: to give an overview of the Supreme Court and its rulings with regard to issues of equality and civil rights; to bring law, political science and history into the discussion of civil rights and the Supreme Court; to incorporate the politically disadvantaged and the human component into the discussion; to stimulate discussion a.

One key objective of copyright is to grant exclusive rights to authors and creators to enable them to reap the full value of their creations. As a consequence, they should be able to transfer or license their rights to persons and companies more apt to exploit them commercially, thereby earning some revenues from such exploitation. Both United States and the European Union recognize the creator as the primary copyright owner. Because copyright is transferable, at least the economic rights, the work can transform into an economic asset whose rights are acquired by producers, publishers or other economic actors whose purpose is to make it available on the market. The creation then becomes a book, a film, a music album, a play. In most cases, producers and publishers take the risk and investment needed for the work to yield some revenue and provide access to the market for authors. The first modern copyright law, the U.K. Statute of Anne, recognized early on this reality, as its first provisions already mentioned the author and publisher side by side. Therefore, one of the first relevant acts accomplished by the author, after the creation itself, is to entrust someone else to commercially exploit her rights, hence to give up some part of control over her work. This first contract may be a tricky episode for creators as they will in most cases be in a weaker bargaining position, due to their inexperience, lack of information or desire to be published or produced at any cost. Conversely, commercial undertakings exploiting musical, audiovisual, literary or other works are generally better equipped—and more accustomed—than individual creators to draft contracts that protect their interests. The increasing concentration in the economic sector of entertainment and media strengthens even more their bargaining power and their possibility to impose unilateral and standard exploitation contracts that tend more and more to be so-called "adhesion contracts," that are proposed to authors with no real margin for negotiation, on a take-it-or-leave-it basis. As cultural markets are considered by economists to be winner-take-all markets, they hold a great part of risk for creators and commercial exploiters alike, a risk that has even been increased in the digital environment with the piracy threat. As a result, only a few creators can earn a sufficient income out of their creation and it has been estimated that the top ten percent of the U.K. creators get about sixty to eighty percent of the total income of the creative profession. It will come as no surprise that, on average, incomes of creators are well below the median income. The current economic situation of creators in Europe, who will be directly affected by austerity policies and the ensuing reduction of culture funding, might further increase their vulnerability. The same could be said of countries outside of the European Union. The European Union has so far declined to harmonize the legal provisions aimed at protecting creators in the contracts they enter into, the matter being left to Member States. Some (e.g. Belgium, France, the Netherlands, Germany, Spain or Italy) have a detailed and protective set of legal provisions aimed at rebalancing the bargaining power between the creator and her publisher/producer. Other countries have no rules at all (e.g. U.K.) or only partial ones (e.g. Denmark). The legal protection that exists in some countries consists of default and mandatory rules that copyright contracts should comply with: they deal with transferability of rights (including the issue of moral rights), required formalities, restrictions on transfer of rights, obligations to specify the scope, duration, territorial scope and remuneration of the transfer, obligations of exploitation imposed to the person acquiring the rights, interpretation rules, and termination or revision of contract. Some specific provisions also apply to contracts applicable to defined categories of works, such as publishing contracts for literary works, production contracts for audiovisual works, etc. Additionally, the general rules of contract law can be used to confer more protection to the authors. As the area of contract law is less harmonized in the European Union, the rules will differ greatly from one Member State to the other, but could include the principles of good faith, fairness or equity, the prohibition of unfair terms, some principles of interpretation of contracts, the recourse to usage, etc. This paper is based on a study commissioned in 2013 by the European Parliament to assess the situation of European creators and the contractual protection conferred to them by E.U. Member States. Part I rapidly summarizes the legal provisions existing in some European countries that protect authors when transferring their copyright. Part II zooms out of the specific rules regulating the copyright contracts to draw the overall context of exploitation of creative works and of its many actors to challenge the central role that such national laws confer to the first contract entered upon between the creator and her publisher or producer. This insufficiency is illustrated by selected issues for which these specific rules are incapable to provide a satisfactory solution or protection to the author. Part III offers a conclusion in the form of some recommendations for a better treatment of creators when transferring their rights for exploitation of their works. These recommendations take into account the broader picture of exploitation of creative content and the shortcomings of the current legal provisions, when they exist.

In today's asymmetric armed conflicts, military agents carry out targeted killings against civilians that »take a direct part in the hostilities«. This book defines such participation for the purposes of international humanitarian, criminal and human rights law. Additionally, the general framework of the law of war is revisited, in particular under the currently frequent scenario of non-international armed conflicts. Treaty requirements for the recognition of non-state actors (degree of collectivity) are addressed and the legal ethics of a strict status-based approach in international law (combatants/civilians) is opined on. The study at hand analyzes the repertory of applicable legal texts and their authentic versions in the different official languages. It discloses existing incoherencies and gives an overview of their implementation into the national legislation of several countries. The research closes with a fictional case study. Graphs and figures are used for illustration purposes throughout the document

Human rights violations in stationary care services are a commonly known problem. Its main reasons are not individual behavior, but systemic flaws such as insufficient financial support and understaffing. Political pressure has led to legislation addressing these problems. However, in 2014 seven plaintiffs – persons in prospective need of stationary care – filed constitutional complaints, arguing that the legislative measures have proven insufficient and that human rights infringements are still common in stationary care. Hence, the state had violated its duty of protection deriving from the Constitution. This strategic litigation lawsuit has added another element to the discourse. It argues that the law sets a minimum standard for stationary care and that the political debate can only take place above this line. The Federal Constitutional Court, however, has dismissed the complaint. This is where the book sets in, examining the proceedings from various interdisciplinary perspectives.

New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.

This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles - persona, dominum, obligation, contract and inheritance - composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of 'one law, one court' are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.

Political future in light of the "Basic Law" adopted Feb. 16, 1990, which prohibits acts of subversion against China.

Under current federal law, a majority of jurisdictions decline to extend Title VII protections based on sexual orientation; however, a growing number of circuits have reversed precedent and held that Title VII prohibits discrimination sexual orientation discrimination. The Second Circuit's en banc decision in Zarda v. Altitude Express reached the conclusion that sexual orientation discrimination is as a cognizable claim under Title VII because in order to discriminate against a person sexual orientation, you naturally first have to take their gender into account. The Supreme Court granted certiorari and has now heard oral arguments. Part I of this note provides the legislative history of the inclusion of "because of gender" on the list Title VII's prohibitions and analyzes Supreme Court jurisprudence in the statutory interpretation of "gender." Part II will provide the relevant facts and legal arguments put forth in Zarda v. Altitude Express. Part III will critique the decision and put forth a conclusion recommending the most persuasive legal arguments for incorporating Title VII protection against sexual orientation discrimination.

The primary medium for artist Laurie Jo Reynolds is that of political lobbying. She refers to her practice as "legislative art," adapting the term "legislative theater," a technique for grassroots lawmaking developed and coined by Brazilian director and playwright Augusto Boal, who both founded the Theater of the Oppressed and served as a member of the Rio city government from 1993 to 1997. By linking the discourses of art and law, Reynolds' practice can be understood as a form of education, highlighting the restrictions required for creativity, and the possibilities afforded by structure. In my essay I bring together European political theory, modern American politics, and contemporary conceptual art in order to magnify the possibilities of what Friedrich Schiller called "aesthetic education." While other scholars have understood art and art education as a process of pleasurable exploration, or formal disciplinary explication, I hope to suggest a way of engaging art education as an intellectual pursuit with open-ended political possibilities.

Following the enormous political, legal, and media interest that has surrounded high profile cases of whistleblowing, such as Chelsea Manning and Edward Snowden, the fundamental ethical questions surrounding whistleblowing have often been obscured. In this fascinating book Eric Boot examines the ethical issues at stake in whistleblowing. Can the disclosure of classified government documents ever be justified? If so, how? Why does it require justification in the first place? Can there ever be a duty to blow the whistle? When is breaking the law justified? On a more practical level,this bookalso considers the various whistleblower protection documents and finds them often lacking in consistency and clarity, before providing an argument for a plausible "public interest" defense for whistleblowers.

This topical and important book identifies the short to medium-term economic, financial and social consequences of Brexit. Containing perspectives from leading thinkers across legal, economic and financial fields, it considers both the general effect of UK withdrawal on the European integration process, and the specific impact on the free movement of capital, goods and people. Addressing the main areas within both the UK and the EU that can and will be affected by Brexit, including the financial sector, immigration, social rights and social security, After Brexit: Consequences for the European Union will make fascinating reading for all those currently engaged in the study and practice of Law, Economics, Finance, Political Science, Philosophy, History and International Affairs.--

Case No.8 of 1996 is a landmark decision of the Egyptian Supreme Constitutional Court ("SCC") and represents one of the most significant judicial rulings of a structural remedy for the interpretation of Article 2 of Egypt 2014 Constitution. The jurisprudence of the SCC is essential to advance a moderate (liberal), rights-protecting interpretation of Sharie'a. In this case, the SCC held that a rule on face-veiling in public schools is compatible not only with Islamic law, but with certain human rights guaranteed by the Constitution:, as freedom of expression and freedom of religion. This decision dealt with the SCC's view on Islamic ijtihad (legal reasoning), and, gives insight into the Court's views on civil and political rights context.