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Commercial Speech In The United States And Europe, Oxana Valeryevna Gassy-Wright
Commercial Speech In The United States And Europe, Oxana Valeryevna Gassy-Wright
LLM Theses and Essays
his research focuses on the protection of the commercial speech in the United States and Europe. The protection of commercial speech is regarded as one of the most controversial issues in both European and American free speech jurisprudence. The purpose of this work is to compare different approaches to the protection of the commercial speech in the American and European countries through an analysis of the decisions of the United States Supreme Court, the European Court of Human Rights and the European Court of Justice of the European Union. This analysis demonstrates that the U.S. Supreme Court gives commercial speech …
The Institutional Framework Of The European Union For The Conduct Of Foreign Affairs, Frederic Eggermont
The Institutional Framework Of The European Union For The Conduct Of Foreign Affairs, Frederic Eggermont
LLM Theses and Essays
This thesis will analyze the evolution in the institutional framework for the conduct of foreign policy in the European Union until the Draft Treaty establishing a Constitution for Europe. This evolution will be compared with the institutional development in the United States. The intention of this thesis is to focus on the European Union and to point to similar evolutions in the United States.
Legal Structures Of European Security And Defense Policy And War Powers Under The U.S. Constitution, Heiko Buesing
Legal Structures Of European Security And Defense Policy And War Powers Under The U.S. Constitution, Heiko Buesing
LLM Theses and Essays
The EU is developing new structures for its Security and Defense Policy and tries to achieve a more integrated security and defense policy. Currently, the principle of unanimity controls the conduct of the EU’s Common Security and Defense Policy. This is one main reason why the EU is in some cases unable to speak with one voice. In the U.S., the President and Congress are the main players in the area of war powers. The President is the most important actor in the area of foreign affairs. However, Congress has the power of the purse and the power to declare …
Regulation Of Hate Speech, Haiping Deng
Regulation Of Hate Speech, Haiping Deng
LLM Theses and Essays
Facing an increase of hate speech incidents on campus and in society at large, egalitarians have made great efforts to advocate (when there is no regulation) or to defend (when there is regulation) hate speech regulation. Meanwhile, civil libertarians have counter argued forcefully. This paper is designed to do an internal critique of various egalitarian arguments. Part I is introduction. Part II and Part III give a concise description of many egalitarian arguments. Part IV tries to do an internal critique of those arguments. Part V is the conclusion: though egalitarians have made a great effort to advocate or defend …
Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza
Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza
LLM Theses and Essays
The Purpose of this thesis is to bring about the awareness of the importance of privacy in our lives. Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. With the advancement in police surveillance technology there is a clash between an individuals right to keep a secret and the State’s power to penetrate that secret. State of the art technologies such as the financial crimes enforcement network, wearable computing and surveillance cameras are some of the latest devices invading privacy. These technological advances have become so …
An End To The Political Question Doctrine In Korea?: A Comparative Analysis, Myeong-Sik Kim
An End To The Political Question Doctrine In Korea?: A Comparative Analysis, Myeong-Sik Kim
LLM Theses and Essays
The political question doctrine is one of the controversial issues in Korea and U.S. The most important point is, however, that the current trend on political questions in Korea is in line with that of American judicial activism. In other words, both countries are trying to narrow the range of the doctrine. Nonetheless, the two are proceeding in sharply opposite directions. Fully matured, even excessively extended American judicial activism should return to the classical separation of powers doctrine. In contrast, a developing Korean judicial activism should be accelerated by the support and encouragement of the people, in support of the …
Freedom Of Speech, Cinema And Censorship: A Comparative Analysis Of Issues Of Freedom Of Speech Violations As A Result Of The Rating Regulation Authorities In The Motion Picture Industry In France And The United States, Stephanie Grenier
LLM Theses and Essays
Motion pictures may be the single greatest cultural influence on the collective psyche, along with television. The silver screen has become a reflection of France (where it was first invented) and the United States (where cinema is a major art form) as nations. With, arguably, [sic] is the national character of these countries at stake; one would expect the government to assert a substantial interest in monitoring this powerful cultural instrument. They do so in France, the industry in charge of it in the United States. Therefore, the success of the motion picture industry has come at the expense of …
Public And Private Interests In Copyright Law: Creativity, Science And Democracy Vs. Property And Market, Daryana I. Kotzeva
Public And Private Interests In Copyright Law: Creativity, Science And Democracy Vs. Property And Market, Daryana I. Kotzeva
LLM Theses and Essays
Copyright law in USA has a utilitarian objective, which has to be fulfilled through economic incentives given to authors. Creative works produce social and cultural benefits for society. Often the market power of the copyright owner, combined with property aspirations prevents the free flow of information and impedes learning. Restrictions of copyright owner’s monopoly such as the doctrine of fair use are inevitable. Free speech values in the Copyright Clause are consistent with broad public interest of information and are justified by the notion of liberty. The idea-expression dichotomy reconciles the conflict between the Copyright Clause and the First Amendment. …
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …