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Full-Text Articles in Law

The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry Sep 2013

The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry

Daniel A Farber

No abstract provided.


Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green Jun 2013

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Michael S. Green

No abstract provided.


Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre Mar 2013

Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre

Arthur Dyevre

Change in the legal academy tends to be spurred by changes in the legal reality itself rather than by methodological and conceptual innovation emerging from within the discipline. In that sense, legal developments in the real world habitually seem to be ahead of the scholarship. A new phenomenon emerges, which legal scholars then try to apprehend via the established tools and categories of legal thought, soon to discover that these fail to capture the essence of the new reality. The first to experience the changed legal world are usually the scholars who are closest to practice; those who are intimate …


Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner Jan 2013

Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner

Mireille Hildebrandt

This Chapter provides an introduction to and overview of the 2013 Yearbook of the Digital Enlightenment Forum, on the subject of the value of personal data. It discusses why we should care about the current monetization of our personal data and raises the issue of whether and, if so, how user-centric personal data ecosystems help to rebalance power asymmetries between individual citizens and large Personal Data Processing Systems.


Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen Dec 2012

Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen

Stephen E Henderson

A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …