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Articles 1 - 7 of 7
Full-Text Articles in Law
Freedom Of Expression In The United Kingdom Under The Human Rights Act 1998, Eric Barendt
Freedom Of Expression In The United Kingdom Under The Human Rights Act 1998, Eric Barendt
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Balancing Free Speech And Privacy Interests In The Public Media Disclosure Of Personal Medical Information (A Comparative Analysis Of Laws Of The United States And Those Of The United Kingdom Under The European Convention On Human Rights), Susan Zeller Dunn
Susan Z Dunn
This article examines one of the areas where privacy rights and free speech come into conflict -- media disclosure of personal medical information. It includes a summary of the significant changes in privacy law addressed in the United States, United Kingdom and within the European Court of Human Rights which impact the free speech/medical privacy debate. Further, it presents the premise that while current laws favor the public disclosure of certain types of health/medical problems (I.E. AIDS/HIV, mental illness, and substance abuse), as “a legitimate public concern,” the overall interests of the community are best served by vigilantly protecting the …
International Developments In Consumer Financial Services Law 2007-2008, Gregory M. Duhl
International Developments In Consumer Financial Services Law 2007-2008, Gregory M. Duhl
Faculty Scholarship
This Survey reviews international consumer financial services law developments in 2007 and 2008 (through August 15, 2008) in the areas of payment systems, the European Convention of Human Rights, insolvency laws, and consumer privacy. This review makes the contrast between the European and U.S. approaches to consumer regulation apparent, in particular the EU preference for direct regulation as compared to the tradition of private remedies in the United States.
The European Convention On Human Rights, Non-Discrimination And Social Security: Great Scope, Little Depth?, Mel Cousins
The European Convention On Human Rights, Non-Discrimination And Social Security: Great Scope, Little Depth?, Mel Cousins
Mel Cousins
This article examines the non-discrimination provisions of the European Convention on Human Rights in relation to social security law. There is a now a broad power of review under the ECHR as most social security payments fall within the scope of the Convention. There is also a more flexible approach to the grounds upon which discrimination can be challenged under Article 14. However, it is suggested that the European courts may need to adopt a more nuanced (or proportionate) approach to equality review rather than a binary approach.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (January-March 2009), Mel Cousins
Mel Cousins
In period covered there have been a number of interesting decisions of both the Court of Justice and the Court of Human Rights concerning social security issues. The Court of Human Rights addressed issues of gender and nationality discrimination in Weller and Andrejeva while the Court of Justice addressed further issues concerning cross-border health care and competition as it affects the organisation of social security. In part 2, we also examine the current Commission proposal which would extend protection against discrimination on the basis of religion or belief, disability, age, or sexual orientation to social protection and provide an update …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (April-September 2009), Mel Cousins
Mel Cousins
In the period covered there have been two interesting decisions of the Court of Justice and the Court of Human Rights concerning the current boundaries of the scope of equality as it applies to social security issues. The Court of Human Rights addressed issues of discrimination against homosexual couples in M.W., while the Court of Justice rejected a claim in relation to social security treatment while on parental leave in Gomez-Limon. Meanwhile, the concept of European citizenship continued to develop – if in a somewhat erratic manner. The Court of Justice, in Rüffler, ruled that national tax rules in relation …