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Harmonizing European Copyright Law: The Challenges Of Better Lawmaking, Mireille Van Eechoud, P Bernt Hugenholtz, Stef Van Gompel, Lucie Guibault, Natali Helberger
Harmonizing European Copyright Law: The Challenges Of Better Lawmaking, Mireille Van Eechoud, P Bernt Hugenholtz, Stef Van Gompel, Lucie Guibault, Natali Helberger
Articles, Book Chapters, & Popular Press
Nobody likes today’s copyright law. Widespread unauthorized use of copyright material proliferates with impunity, while citizens and users protest that intrusive copyright and related rights law stifle cultural expression. Equipment manufacturers and intermediaries complain about yet more ’security’ features that complicate their products and services and encumber marketing, while content owners desperately want enforcement to work. And of course it is crucial that whatever regulatory instruments come into play must not age prematurely in Internet time. The European Union faces the daunting challenge of articulating coherent copyright policies that satisfy these contradictory multiple demands. Yet the legal framework must conform …
Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger
Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger
All Faculty Scholarship
The emergence of post-Socialist legal orders is reshaping some of the familiar terrain of comparative legal studies. This Article, invited as part of an effort to think about the topic of "What the Rest think of the West," reconsiders the vast legal re-codification projects that stand at the center of "nation-building" projects in formerly Socialist states. Such projects, and the rupture from which they emerge, challenge essentialist or static notions of identity and assumptions of where the West is or where the Rest begin. Anthropological concepts of "liminality" and "deixis" assist in understanding Ukrainian legal experts' thinking on legal reforms …
The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers
The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers
Articles
In announcing the decision of the Bundesverfassungsgericht (BVerfG - Federal Constitutional Court) on the constitutionality of the Lisbon Treaty, the Presiding Justice of the Second Senate summed up the judgment by proclaiming: “Das Grundgesetz sagt ‘Ja' zum Vertrag von Lissabon.”