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Full-Text Articles in Law
Remnants Of Apartheid Common Law Justice: The Primacy Of The Spirit, Purport And Objects Of The Bills Of Rights For Developing The Common Law And Bringing Horizontal Rights To Fruition, Christopher J. Roederer
Remnants Of Apartheid Common Law Justice: The Primacy Of The Spirit, Purport And Objects Of The Bills Of Rights For Developing The Common Law And Bringing Horizontal Rights To Fruition, Christopher J. Roederer
School of Law Faculty Publications
The Constitutional Court in Carmichele was correct to hold that ‘[where] the common law deviates from the spirit, purport and objects of the Bill of Rights the courts have an obligation to develop it by removing that deviation.’ Professor Anton Fagan’s argument that this is false is flawed because he misquotes, misrepresents and misunderstands the Court’s argument. Further, Fagan’s argument that the spirit, purport and objects of the Bill of Rights is merely a secondary reason for developing the common law that can be trumped by the individual moral views of judges, is also flawed. It is based on a …
Access To Trade Secret Environmental Information: Are Trips And Trips Plus Obligations A Hidden Landmine?, Dalindyebo Shabalala
Access To Trade Secret Environmental Information: Are Trips And Trips Plus Obligations A Hidden Landmine?, Dalindyebo Shabalala
School of Law Faculty Publications
Freedom of Information Acts (FOIAs) have been fundamental to enabling access to environmental information. The effectiveness of domestic and international environmental regulatory standards has been dependent on ensuring strong information access regimes, especially for information submitted to governments by firms. However, there has been an ongoing tension between providing and accessing complete regulatory information on the one hand, and the interest in maintaining the economic value of trade secrets. Such tensions have historically been managed at the domestic level within constitutional structures balancing access to information, privacy interests, and economic interests. However, the almost simultaneous advent of international norms and …
Remedies For Regulatory Takings (Constructive Expropriations), Deprivations, Expropriations Or Custodianship In South Africa And The U.S., Christopher J. Roederer
Remedies For Regulatory Takings (Constructive Expropriations), Deprivations, Expropriations Or Custodianship In South Africa And The U.S., Christopher J. Roederer
School of Law Faculty Publications
Oliver Wendell Holmes, writing for the Court in Pennsylvania Coal Co. v. Mahon (1922), started the regulatory takings tradition in the U.S. with his famous line that “if regulation goes too far it will be recognized as a taking” deserving of just compensation. As this paper will show, how far is too far depends on where you are. Under the Fifth Amendment to the U.S. Constitution, regulations do not need to go as far as they once did, and under the law in states like Oregon and Florida, regulations do not need to go very far at all before one …
Social Media Law In A Nutshell, Ryan Garcia, Thaddeus A. Hoffmeister
Social Media Law In A Nutshell, Ryan Garcia, Thaddeus A. Hoffmeister
School of Law Faculty Publications
Social media has transformed how the world communicates. Its impact has been felt in every corner of our society including the law. Social Media Law in a Nutshell is a wide-ranging look of how the social media transformation has impacted various legal fields. From marketing to employment to torts to criminal law to copyright and beyond, virtually every legal field has been changed by social media. By looking at high level concerns and example cases, Social Media Law in a Nutshell attempts to give practitioners exposure to social media issues and concerns so they can better advise clients and approach …