Discrimination Law/Industrial Law: Are They Compatible?
In: Australian quarterly: AQ, Band 59, Heft 2, S. 162
ISSN: 0005-0091, 1443-3605
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In: Australian quarterly: AQ, Band 59, Heft 2, S. 162
ISSN: 0005-0091, 1443-3605
In: Saint Louis University Law Journal, Band 61, Heft 391
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In: Economic analysis of law in European legal scholarship volume 9
In: Springer eBook Collection
Part I: Behavioural Insights to Consumer Law.-1. The Target Opportunity Costs of Successful Nudges -- 2. Complex Mortgage Loans as a Case Study for Consumer Law and Economics -- 3. The PRIIPs Regulation in View of Behavioural Research: an Example of Hyperbolized Mandated Disclosure.-Part II: Mandated Disclosure -- 4. From Disclosure to Transparency in Consumer Law.- -- 5. No Need to Read – 'Self-Enforcing' Pre-contractual Consumer Information -- 6. The Law on Unfair Terms in Standard Form Contracts in Europe: A Comparative Law & Economics Approach -- 7. Ex Post Fairness Controls and Contract Design: The Spanish Experience -- 8. Correcting Information Asymmetry via Deep Consumer Information – Compelling Companies to Let the Sunshine In,- Part III: Data Protection Regulation,- 9. Law in Books and Law in Action: The Readability of Privacy Agreements and the GDPR,- 10. 'Your DNA is One Click Away': The GDPR and Direct to Consumer Genetic Testing -- Part II: Further Applications -- 11. The Poisonous Fruit of Foreign Currency Loans for Consumers in Selected Central Eastern Europe States – the Dilemma of Macroeconomic Policy Intervention -- 12. In Search of the Theory of Harm in EU Consumer Law: Lessons from the Consumer Fitness.Check -- Fabrizio Esposito and Anne-Lise Sibony -- 13. Limits to Behavioural Consumer Law and Policy - The Case of EU Alcohol Labelling -- 14. Environmental Protection by Means of Consumer Law?
In: Max Planck yearbook of United Nations law, Band 19, Heft 1, S. 368-418
ISSN: 1875-7413
Over the last decade, missions of the UN have assisted with constitutional reforms including issues of federalism. The hopes for peace with regard to federal structures have often failed. This paper elaborates possible reasons why these hopes were disappointed. It will show that one should understand the differences between Common Law and continental systems with regard to federalism. Some experts from Common Law countries fail to appreciate the substantial difference between federal Constitutions embedded in a Civil Law culture and those embedded in a Common Law culture. The reasons for the success or failure of past, present and future federal reforms may help to improve UN activities in this field.
States of the Common Law tradition are not collective units, which have to steer their society. The Jacobins of the French Revolution, considered the State as their instrument to transform feudal society into a society of equal individuals. The Civil Law tradition has its roots in the French Revolution and in the sovereignty of the national legislative assembly as the only legitimate lawmaker of the State. The unity of the law does not depend on decisions of courts but only on the legislature. Constitutions of Civil Law federations need to enable the specified governmental branches of the federation to impose sanctions against federal units that fail to comply with federal laws.
According to the perspective of the Civil Law one has to deal with two 'States' claiming sovereignty in a hierarchy, while from the perspective of the Common Law one has to deal with mere 'governments.' Constitutions of multicultural federations embedded within the Civil Law culture will have to empower not just the federation but also the federal units to develop the different cultural identities. To foster different cultures is however, not a major function of the State of the Common Law tradition. Federalism of the Civil Law tradition is more complex than according to the Common Law tradition. Important differences between federations of a Common Law and Civil Law tradition lies in the lawmaking power of the courts. In Common Law, courts and legislature share the task of lawmaking; in Civil Law countries, the legislature regulates all issues of civil and criminal law. In a Civil Law country, legislatures, executives and courts cannot function if there is no valid local Constitution empowering those branches of the federal units. Thus, the federal Constitution of a civil law country has to establish the powers of the governmental branches of the federal units. Within federal system of the Civil Law, the federal units administer, implement and execute the laws of the federation. Constitutions of Civil Law federations need special provisions for the power of the federation to control and implement federal laws in the federal units. The civil law judiciary has no contempt of court against the administration and against authorities of federal units.
In: The review of politics, Band 21, Heft 3, S. 483-494
ISSN: 1748-6858
Among the many discussions stirred by recent searchings after the source and substance of a conservative tradition has been that of the place of natural law in the thought of Edmund Burke. One view which has received renewed emphasis is that Burke's natural law is essentially Thomistic. Those who support this view frequently cite Burke's many references to "the law of nations and of nature." The purpose of this paper is to show, by particular reference to the subject of international law, that it is misleading to place Burke in the older natural law tradition. In ideas as well as in time, he stands more nearly at a mid-point between that tradition and the positivist approach to law. Revelation and the interpretive aid of a Universal Church, which were crucial to the traditional concept of natural law, do not play a similar role in Burke's thought. The same meaning, therefore, cannot be attributed to his references to the natural law.
In: Vienna Online Journal on International Constitutional Law, Band 3, S. 170-198
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In: American journal of international law: AJIL, Band 3, Heft 1, S. 62-98
ISSN: 2161-7953
Interstate law is the law governing the relations between the members of a confederation of states with each other, in so far as these are opposed to each other as states. It is distinguished from international law because its subjects are not sovereigns, but belong to a governed body of a superordinate commonwealth. As opposed to federal state law it is characterized by having for its object not relations of supremacy and subordination between the federation and its members, but relations of coordination between the members of the federal state. Interstate law is an intermediary conception between the law of confederations and the law of nations.
Securities Litigation provides an analytical and practical framework addressing the key subjects in the field. In this text, U.S. Supreme Court and lower court cases that cover the key remedial provisions are highlighted, including Sections 11 and 12 of the Securities Act and Section 10(b) of the Securities Exchange Act, as well as alternative federal remedial statutes (such as Sections 14(a) and 18(a) of the 1934 Act) and secondary liability provisions. Integral to this discussion is a thorough treatment of class and derivative actions, with applicable cases and statutes. Government enforcement is also analyzed, with particular focus being given to the SEC and criminal enforcement. In addition, state securities litigation is covered in depth along with professional liability exposure. The text provides a practical and insightful learning experience, complemented by problems and exercises that will enhance students' lawyering skills. ; https://digitalcommons.law.uidaho.edu/facw_books/1015/thumbnail.jpg
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The focus of this article is upon employment law in Virginia during 1993 and the first half of 1994. In addition, significant judicial decisions from 1992 are covered. Workers' compensation and unemployment compensation are excluded as topics. Public sector employment law also lies outside the scope of this article. Nevertheless, two decisions of the Supreme Court of Virginia which involve public employees are analyzed. The most turbulent and rapidly evolving area of Virginia employment law lies in tort. The decisions discussed below indicate that employees stand only a modest chance of recovering against their employers in wrongful discharge suits based on implied contract or promissory estoppel theories. Recently, however, employees have made notable gains in the Supreme Court of Virginia, as new decisions have expanded their right to recover against employers in tort for unjust dismissal and intentional infliction of emotional distress. On the other hand, employers have had resounding success as plaintiffs, suing former employees in tort for breach of fiduciary duty and intentional interference with contractual relations.
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In: International library of essays in law and legal theory : Second series
In: The University of Western Australia Law Review - Special Edition (2019) 46(2) UWALR 174 This special edition of the UWA Law Review includes papers that were given at the 2017 Comic Book Conference and an illustrated account of the conference by Michaela O'Dougherty.
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In: The urban lawyer: the national journal on state and local government law, Band 34, Heft 4, S. 873
ISSN: 0042-0905
Over a little more than the last twenty years Poland has undergone a fundamental socio-economic change. That period brought about a shift from a socialist economy to a free market model and Poland was eventually accepted as a member of the European Union. An important element of the reforms was the building of the competition law system, which was an unprecedented operation on a global scale. It should be underlined that the structure of the Polish economy was shaped by almost half a century of ideological monopolization and central planning, which made the introduction of competition law to the economical system a complicated task. The first part of this paper contains a description of the evolution of Polish competition law. Such considerations are a starting point for an analysis concerning the place of competition law in the Polish legal system and its comparison with the European standards. Further points of this article present both an examination of the influence of the EU competition law on the Polish case law as well as an analysis of the areas in which there is a need for further approximation of the Polish competition law to the European Union standards. Finally, general conclusions concerning the influence of the EU competition law on the Polish legal system are formulated. The author makes an attempt to identify the causes of the differences existing between these two legal systems.
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