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Articles 1 - 30 of 36
Full-Text Articles in Law
Contre La Digitalisation De La Vie Même, Éloge De La Récalcitrance, Antoinette Rouvroy
Contre La Digitalisation De La Vie Même, Éloge De La Récalcitrance, Antoinette Rouvroy
Antoinette Rouvroy
No abstract provided.
Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez
Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez
Mario Šilar
http://www.unav.es/nuestrotiempo/es/temas/piratas-y-corsarios-en-la-era-digital
Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert
Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert
Benjamin Gibert
The advance of technology profoundly impacts how people interact with culture as the proliferation of digital networks transforms the effects of copyright in modern societies. This paper argues that the oligopolistic conditions of content markets and the legal discourse of intellectual property law have historically enabled copyright holders to promote a limited conception of art and obscure the complexities of copyright theory. While conceptual ambiguity is inevitable in the construction of aesthetic legal categories, current practices impose too many restrictions. The practical choices made concerning copyright in cyberspace will determine the evolution of culture in increasingly networked societies. The music …
Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert
Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert
Benjamin Gibert
The Internet is changing the way vast numbers of people experience culture today. Providing tools to interact with, manipulate and freely redistribute content, technology is dissolving conventional divisions between creators and consumers of cultural artefacts. As new technological and legislative mechanisms are deployed to stop digital piracy, there is a need to reflect on the meaning of copyright, piracy and culture in the context of digital technologies. This paper discusses the relationship between copyright and cultural participation. It refers to the music industry in order to depict the changing patterns of consumption behavior precipitated by the rise of digital networks …
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
Michael Diathesopoulos
This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …
Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos
Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos
Michael Diathesopoulos
This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …
Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak
Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak
Atin Basu Choudhary
We use a standard growth regression model and show that ethnic tensions reduce per capita growth rates. We also find evidence that “good” economic and political institutions improve per capita growth rates. More importantly, good economic institutions mitigate the effect of ethnic tensions on per capita growth while good political institutions do not. Consequently, it is foremost capitalist freedom that promotes peace and development.
Manifest Greatness The Final Original Version By Emmanuel Mario B Santos Aka Marc Guerrero, Emmanuel Mario B. Santos Aka Marc Guerrero
Manifest Greatness The Final Original Version By Emmanuel Mario B Santos Aka Marc Guerrero, Emmanuel Mario B. Santos Aka Marc Guerrero
Emmanuel Mario B Santos aka Marc Guerrero
MANIFEST GREATNESS vf24jan2010 WE COME TOGETHER THERE OUGHT TO BE NO POOR WE TAKE CHARGE.
Haiti Needs Socialism, David E. Clark
Haiti Needs Socialism, David E. Clark
David E Clark
Bill Clinton said that the Tsunami survivors six years ago deserved the chance to decide their own future. Haiti deserves the same hands-off approach as they rebuild after the 2010 earthquake. Aristide should be allowed to return and work with Venezuela and Cuba. If he decides to implement the same socialist reforms that have worked elsewhere in the Americas, so be it.
Native America, United States Senate Bill S.578 And The United States Supreme Court, Dewi I. Ball
Native America, United States Senate Bill S.578 And The United States Supreme Court, Dewi I. Ball
Dewi Ioan Ball
In 2003, the United States Senate introduced bill S.578 and the House of Representatives introduced H.R. 2242, both of which were called the Tribal Government Amendments to the Homeland Security Act. In light of the attacks of September 11, 2001, the bills were designed to shore up the security of the United States, and specifically, allow greater authority and jurisdiction for Native American Nations to combat terrorism and the threat of terrorism on reservations. This article examines the impact of Section 13 of S.578, which was a re-affirmation of the principle of inherent tribal sovereignty and the congressional definition of …
United States Supreme Court Opinions And Their Negative Impact On The Everyday Lives Of Native Americans Tribes, Dewi I. Ball
United States Supreme Court Opinions And Their Negative Impact On The Everyday Lives Of Native Americans Tribes, Dewi I. Ball
Dewi Ioan Ball
This article examines the connection between U.S. Supreme Court decisions and their impact on the everyday lives in a small number of Native American reservations. Since 1959, the U.S. Supreme Court has been slowly eroding the Indian sovereignty doctrine and with this erosion has come an increasing number of cases decided against Indian interests. After the watershed cases of Atkinson Trading Co., v. Shirley and Nevada v. Hicks in 2001, the Indian Senate Committee conducted a hearing on the rulings of the U.S. Supreme Court. With reliance on three key publications, this article addresses a gap in Federal Indian law …
A Lockean Defense Of The Political Question Doctrine's Application In War Powers Cases, Matthew Jordan Cochran
A Lockean Defense Of The Political Question Doctrine's Application In War Powers Cases, Matthew Jordan Cochran
Matthew Jordan Cochran
This article provides a social contract explanation of and justification for the political question doctrine's application in war powers disputes. Natural legal principles demonstrate that even if the doctrine stands on unsure footing in some respects, it properly renders non-justiciable any supposed conflict between Congress and the President. As a detailed look into John Locke's work reveals, the intervening of a judiciary power into war decisions robs a government of the touchstone of its legitimacy.
Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre
Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre
Arthur Dyevre
The field of judicial politics had long been neglected by political scientists outside the United States. But the past twenty years have witnessed considerable change. There is now a large body of scholarship on European courts and judges. And judicial politics is on its way to become a sub-field of comparative politics in its own right. Examining the models used in the literature, this article suggests that the geographical convergence is also bringing about theoretical convergence. One manifestation of theoretical convergence is that models of judicial decision-making once deemed inapplicable in Europe are now used in studies of European courts …
The Importance Of Bits For Foreign Direct Investment And Political Risk Insurance: Revisiting The Evidence, Lauge Skovgaard Poulsen
The Importance Of Bits For Foreign Direct Investment And Political Risk Insurance: Revisiting The Evidence, Lauge Skovgaard Poulsen
Lauge N. Skovgaard Poulsen
Bilateral investment treaties (BITs) are typically presented as vital risk-mitigating instruments providing foreign investors with “credible commitments” that their assets will not be expropriated, discriminated against, or otherwise maltreated post-establishment. Accordingly, developing countries wanting to attract foreign investment should become more attractive destinations for multinationals when signing the treaties. A great number of studies and surveys indicate, however, that the vast majority of multinationals do not appear to take BITs into account when determining where - and how much - to invest abroad. Apart from reviewing such evidence, this paper discusses the feedback from a series of interviews. Firstly, BIT-negotiators …
El Canon Neoconstitucional, Leonardo García Jaramillo, Miguel Carbonell S
El Canon Neoconstitucional, Leonardo García Jaramillo, Miguel Carbonell S
Leonardo García Jaramillo
No abstract provided.
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Noah D. Hall, Robert H. Abrams
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Noah D. Hall, Robert H. Abrams
Noah D Hall
Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation’s water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water …
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …
Responsibility Of And Trust In Isps, Raphael Cohen-Almagor
Responsibility Of And Trust In Isps, Raphael Cohen-Almagor
raphael cohen-almagor
This discussion is about the neglected concepts of trust and social responsibility on the Internet. I will discuss and explain the concepts and their implications to people and society. I then address the issue of moral and social responsibilities of ISPs and web-hosting companies. I argue that ISPs and web-hosting companies should aspire to take responsibility for content and that they should respect and abide by their own terms of conduct.
Miscarriage Of Chief Justice: Judicial Power And The Legal Complex In Pakistan Under Musharraf, Shoaib Ghias
Miscarriage Of Chief Justice: Judicial Power And The Legal Complex In Pakistan Under Musharraf, Shoaib Ghias
Shoaib A. Ghias
This article explores the struggle for judicial power in Pakistan under Pervez Musharraf focusing on two questions. First, how did pro-Musharraf regime judges expand judicial power, leading to a confrontation with the regime? Second, how did the bar and the bench mobilize in the struggle for judicial power? The author shows how, instead of blindly supporting economic liberalization in a period of economic growth, the Supreme Court expanded power by scrutinizing questionable urban development, privatization, and deregulation measures in a virtuous cycle of public interest litigation. The author also describes how a politics of reciprocity explains the social mobilization of …
From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel
From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel
Siegfried Van Duffel
What are subjective rights? And what makes Will and Interest conceptions of rights into conceptions of rights? I argue that they originate in two very different natural rights theories which are, however, grounded in the same philosophical anthropology.
El Futuro De La Economía Es "Austriaco", Mario Šilar
El Futuro De La Economía Es "Austriaco", Mario Šilar
Mario Šilar
No abstract provided.
Martin Rhonheimer: Cristianismo Y Laicidad, Mario Šilar
Martin Rhonheimer: Cristianismo Y Laicidad, Mario Šilar
Mario Šilar
No abstract provided.
Señal Que Ya Es Un Clásico: Su Actualidad. Road To Serfdom Amazon Nº1, 2010, Mario Šilar
Señal Que Ya Es Un Clásico: Su Actualidad. Road To Serfdom Amazon Nº1, 2010, Mario Šilar
Mario Šilar
No abstract provided.
Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar
Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar
Mario Šilar
No abstract provided.
Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar
Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar
Mario Šilar
No abstract provided.
Cv, Mark S. Stein
Savulescu Cv, Mark S. Stein
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
Joshua P Fershee
This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a variety trends found in political and socio-economic data by state, as well as by state renewable energy opportunities (or the lack of such opportunities). The review finds little shocking in the way of politics: Democratic states tend to favor mandates and Republican states tend not to have mandates. Somewhat surprisingly, the correlations among states with wind and solar resources (as well as most of the demographic data) ranged from limited to inconclusive. In religion, however, a strong trend developed. The states with higher Catholic populations …
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.