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In: SAIS review / School of Advanced International Studies, the Johns Hopkins Foreign Policy Institute, Band 7, S. 11-18
ISSN: 0036-0775
SSRN
In: Proceedings of the annual meeting / American Society of International Law, Band 103, S. 495-495
ISSN: 2169-1118
In: International review of law and economics, Band 38, S. 5-16
ISSN: 0144-8188
This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and consumer protection law to labour and environmental law, giving a comprehensive overview of the central challenges of the law of political economy. It also provides a sophisticated and multifaceted framework for further enquires while outlining the contours of new law of political economy.
The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.
In: American journal of international law: AJIL, Band 47, Heft 4, S. 686-697
ISSN: 2161-7953
In: False Advertising Law, in Oxford Handbook of New Private Law (Andrew Gold et al. eds., Oxford Univ. Pr. forthcoming).
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In: http://hdl.handle.net/2027/hvd.32044011429628
Goldsmiths'-Kress no. 30666.20. ; "With woodcuts." ; Imprint on cover: London, P. Richardson. ; Attributed to J. Watts Peppercorne by NUC pre-1956. ; Cover title: The Judaic-law, as opposed to the English poor law. ; Mode of access: Internet.
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In: Waddington , L 2020 , ' Exploring vulnerability in EU Law: An analysis of 'vulnerability' in EU criminal law and consumer protection law ' , European Law Review , vol. 45 , no. 6 , pp. 779-801 .
This article explores the understanding and use of the concept of vulnerability in European Union (EU) law, with a particular focus on the fields of criminal law and consumer protection law. It draws on Fineman's understanding of vulnerability as a universal phenomenon, and considers the scope for, and policy implications of, incorporating (further) such an approach within these fields of law. The article reveals that there is no common understanding of the concept of vulnerability in the fields of EU criminal law and consumer protection law, and there is a lack of overall coherence across these two fields of law. In fact, a common understanding is not even necessarily found within single fields. The purposes served by highlighting"vulnerable"groups and individuals in legislation differs, and references to"vulnerability" result in a stronger focus on the need for individualised assessments, and tailored measures, in EU criminal law than is the case for EU consumer protection law. Indeed, the provisions addressing "vulnerable" consumers are particularly brief and provide very little extra protection. However, both fields of EU law also reveal evidence of a universal approach to vulnerability being taken with regard to communication and information provision, which should be tailored to individual needs and abilities.
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In: Immigration and asylum law and policy in Europe 8
The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU) related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.
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In: The Amherst Series in Law, Jurisprudence, and Social Thought
Frontmatter -- Acknowledgments -- Contents -- Contributors -- Law and War: An Introduction -- Limits of Law: Promoting Humanity in Armed Conflict -- The Individualization of War: From War to Policing in the Regulation of Armed Conflicts -- Pandemic Disease, Biological Weapons, and War -- From Antiwar Politics to Antitorture Politics -- War Crimes Trials during and after War -- Index
In: Policy review: the journal of American citizenship, Band 26, S. 7-15
ISSN: 0146-5945
Recent interest in jurisprudence, or the philosophy of law, has renewed disputes about the role of the courts & the nature of the adjudicatory process, debating such issues as equity, the right to disobey unjust laws, & the politicization of judges. Early views of the court as being a mere instrument of the law shifted with the Realist & political jurisprudence schools' acknowledgement that legal processes are embedded in social processes, thus discounting the idealistic notion of "blind justice." New efforts by the natural-law school to redefine judicial objectivity operate on the false assumption that there can be no objectivity without certainty, ignoring the fundamental value of the rule of law in mediating disputes in a civilized society in which all do not agree on what constitutes justice. Arguments about technicalities blur the necessary distinction between the authority & justice of the law, & the resulting confusion threatens to destroy our legal inheritance. K. Hyatt.