Legal Medievalism in Lex Mercatoria Scholarship
In: Texas Law Review See Also, Band 90
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In: Texas Law Review See Also, Band 90
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In: Hong Kong Law Journal, Band 37, S. 81
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In: Southern Illinois Law Review, Band 18, S. 329-345
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In Christian Legal Society v. Martinez, a sharply divided Supreme Court held that officials at a public institution might require a student religious group to admit all-comers from the student body, including those who disagree with its beliefs, as a condition of being a recognized student organization. Put another way, the Court declared that the government, through university officials, might force religious groups to choose between compromising their values and receiving benefits that other student groups receive as a matter of constitutional right. While Christian Legal Society remains the controlling constitutional rule until explicitly overruled, there are significant limits on the decision. First, in many instances, state law—whether in the form a state constitutional provision or a state statue—protects the rights student religious organizations to exclude non-believers. In other words, state law may require the opposite result of Christian Legal Society. Second, a 2012 decision, Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, establishes that religious groups have a right of religious autonomy—absolute discretion to determine whom its leaders and, by extension, its members will be. This constitutional guarantee of religious autonomy is contrary to Christian Legal Society. Third, a 2013 decision, Agency for International Development v. Alliance for Open Society International, Inc., revives and redefines the unconstitutional conditions doctrine—government may impose conditions that define the program, but may not impose conditions that reach outside the program—so that a religious group may not be forced to surrender its religious autonomy rights as condition of receiving recognition and funding. Each of these limits is explained in more detail.
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In: Voprosy filosofii: naučno-teoretičeskij žurnal, Heft 2, S. 205-210
In: The review of socionetwork strategies, Band 16, Heft 1, S. 175-196
ISSN: 1867-3236
AbstractA legal textual entailment task is a task to recognize entailment between a law article and its statements. In the Competition on Legal Information Extraction/Entailment (COLIEE), this task is designed as a task to confirm the entailment of a yes/no answer from the given civil code article(s). Based on the development of deep-learning-based natural language processing tools such as bidirectional encoder representations from transformers (BERT), many participants in the task used such tools, and the best performance system of COLIEE 2020 was a BERT-based system. However, because of the limitation of the size of training data provided by the task organizer, training such tools to adapt to the variability of the questions is difficult. In this paper, we propose a data-augmentation method to make training data using civil code articles for understanding the syntactic structure of the questions and articles for entailment. Our BERT-based ensemble system, which uses this augmentation method, achieves the best performance (accuracy = 0.7037) in Task 4 of COLIEE 2021. We also introduce the results of additional experiments to discuss the characteristics of the proposed method.
In: AIDA Europe Research Series on Insurance Law and Regulation 3
In: Springer eBook Collection
Part I. The Harmonization Achieved under the Insurance Distribution Directive: Insurance Distribution Directive and Cross-Border Activities by Insurance Intermediaries in the EU by Isabelle Audigier -- Information Duties Stemming from the Insurance Distribution Directive as an Example of Faulty Application of the Principle of Proportionality by Marta Ostrowska -- The Contribution of Product Oversight and Governance (POG) to the Single Market: A Set of Organizational Rules for Business Conduct by Pierpaolo Marano -- The IDD and its Impact on the Life Insurance Industry by Kyriaki Noussia -- Insurance-Based Investment Products: Regulatory Responses and Policy Issues by Michele Siri -- Part II. The Insurance Distribution Directive as a "Benchmark" for National Legislators: The Notion of "Employee" in the IDD: A Harmonized Interpretation Based on the EU Law by Anna Tarasiuk and Bartosz Wojno -- Ensuring the Customer's Best Interest in the Polish Insurance Market by Wojciech Paś -- Insurance Distribution Carried Out by Insurers in Spain by Javier Vercher-Moll -- Enaction of Chapter VII of the Insurance Distribution Directive – What Can Member States Learn from the Enforcement Failures of the United States? by Kathleen M. Defever -- What Can the Insurance Distribution Directive "Offer" the South African Microinsurance Model? by Samantha Huneberg -- Part III. The Interplay between the Insurance Distribution Directive and other Regulations/Sciences: The Interplay between the GDPR and the IDD by Viktoria Chatzara -- Regulating Telematics Insurance. Role for the IDD to Complement the GDPR on Improving Consumer Data Protection in the Context of Telematics Insurance by Freyja van den Boom -- Considering the IDD within the EU legal framework on ADR systems by Flaminia Montemaggiori -- IDD and Distribution Risk Management by Jorge Miguel Bravo -- Redefining Product Management – IDD's perspective by Diana Renata Bozek -- Part IV. An Empirical Analysis of the Standardised Pre-Contractual Information Document: The Reality of the Promised Increase in Customer Protection under the Insurance Distribution Directive by Christian Bo Kolding-Krøger, Aalykke Hansen and Amelie Brofeldt. .
In: Global policy: gp, Band 8, Heft 4, S. 505-511
ISSN: 1758-5899
AbstractLegal instruments at the European level clearly define that States have an obligation to establish corporate liability for trafficking in human beings (THB). The monitoring of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings shows that, in general, the respective legislation for corporate criminal liability already largely exists in the States' Parties. However, application of the legislation seems to lag behind, since relevant cases were identified in only a few States. By analysing these legal mechanisms with a focus on Austria, studying case law in Belgium and Cyprus, and conducting interviews with stakeholders, the authors identify obstacles for the application of corporate criminal liability in the context of THB. Based on case law, the paper analyses the potential of corporate criminal liability for exploited persons to have access to compensation and describes challenges in this field. Cases on corporate criminal liability for THB seem to focus on sanctioning the companies and ensuring compensation might be seen as a rather secondary priority.
In: European Journal of Law and Technology 2021
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In: Journal of politics and law: JPL, Band 13, Heft 3, S. 133
ISSN: 1913-9055
Nowadays autonomous vehicles are getting widespread use in different parts of the world. In some countries, they are being tested within the urban traffic whereas other counties have been already operating them. Such vehicles possess a number of obvious advantages. We cannot but agree that these cars are the future.
However, before complete implementation and mass use of autonomous transport on public roads, it is necessary to resolve a number of problems concerning their safety towards road-users. Except for ethical, economic, and other aspects, it also embraces the legal aspect.
The article analyses legal problems of ensuring transport security when using autonomous vehicles. It also touches upon the issues of obligations and liability. Special attention is paid to the matters of criminal liability for offences involving an autonomous vehicle.
The conducted legal research allowed concluding that it is necessary to improve legislation in the sphere of operating such vehicles. It is essential to enshrine in law autonomous vehicles (whether fully-autonomous or partially-autonomous) operation rules, oblige their owners to perform regular diagnostic assessment, and to add demands to periodic vehicle inspection. When regulating criminal liability for harm caused by a self-driving vehicle, one must proceed from the layer of its autonomy which stipulates bringing the general public to responsibility.
In: Manchester medieval studies
This book is intended as both a history of judicial developments in the thirteenth and fourteenth centuries and as a contribution to the intellectual history of the period. The dates 1215 and 1381 mark significant turning points in English history. The product of legal culture and experiences, 'legal consciousness' can be seen both as an active element shaping people's values, beliefs and aspirations and also as a passive agent providing a reserve of knowledge, memory and reflective thought, influencing not simply the development of the law and legal system, but also political attitudes. Focusing on the different contexts of law and legal relations, the book aims to shift the traditional conceptual boundaries of 'law', portraying both the law's inherent diversity and its multi-dimensional character. By offering a re-conceptualisation of the role of the law in medieval England, the book aims to engage the reader in new ways of thinking about the political events occurring during these centuries. It considers the long-term effects of civil lawyer, Master John Appleby's encounter with forces questioning royal government and provides a new explanation for the dangerous state of affairs faced by the boy-king during the Peasants' Revolt over a century and a half later. The book puts forward the view that the years subsequent to the signing of Magna Carta yielded a new (and shifting) perspective, both in terms of prevailing concepts of 'law' and 'justice' and with regard to political life in general.
In: Juris diversitas
pt. 1. The contemporary nature of mixed legal systems -- pt. 2. Patterns of common and civil law hybridities -- pt. 3. Mixed legal systems with indigenous, customary, and religious law -- pt. 4. The Islamic legal system and western legal traditions -- pt. 5. Patterns of mixing in specialized areas of the law.
In: Law and society
In: Penguin education