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Articles 1 - 7 of 7
Full-Text Articles in Law
Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett
Barry Law Review
No abstract provided.
Health, Safety And Environmental Regulation On Theunited Kingdom Continental Shelf In The Aftermathof The Macondo Disaster, John Paterson
Health, Safety And Environmental Regulation On Theunited Kingdom Continental Shelf In The Aftermathof The Macondo Disaster, John Paterson
LSU Journal of Energy Law and Resources
No abstract provided.
A House Divided: The Human Rights Burden Of Britain's Family Migration Financial Requirements, Courtney L. Broussard
A House Divided: The Human Rights Burden Of Britain's Family Migration Financial Requirements, Courtney L. Broussard
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Nature Of Emails: A Comparative Perspective, Edina Harbinja
Legal Nature Of Emails: A Comparative Perspective, Edina Harbinja
Duke Law & Technology Review
There is currently a conflict between laws and the market in their treatment of email. Laws mandate that emails are not protected as property unless copyrightable or protected by another legal mechanism. But the market suggests that emails are user-owned property without further qualification. Moreover, the nature of email is treated slightly differently between the U.S. and U.K. legal regimes. While the current legal regimes applicable to email in the U.K. and U.S. are reasonable, legal harmonization within these systems, and with the service provider market, should be achieved.
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish
Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish
Michigan Law Review
In a number of recent landmark decisions, the Supreme Court has used the canon of constitutional avoidance to essentially rewrite laws. Formally, the avoidance canon is understood as a method for resolving interpretive ambiguities: if there are two equally plausible readings of a statute, and one of them raises constitutional concerns, judges are instructed to choose the other one. Yet in challenges to the Affordable Care Act, the Voting Rights Act, the Chemical Weapons Convention, and other major statutes, the Supreme Court has used this canon to adopt interpretations that are not plausible. Jurists, scholars, and legal commentators have criticized …
Make America Innovate Again: Construing Patent Box Proposals In View Of A Policy Mix Approach, Adam E. Szymanski
Make America Innovate Again: Construing Patent Box Proposals In View Of A Policy Mix Approach, Adam E. Szymanski
Cybaris®
No abstract provided.