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2015

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Articles 1381 - 1410 of 14354

Full-Text Articles in Law

Magna Carta Then And Now, Tan K. B. Eugene Nov 2015

Magna Carta Then And Now, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

What’s the significance and relevance of Magna Carta, an 800-year-old handwritten sheepskin parchment currently on a world tour that has been to New York City, Luxembourg, China (Beijing, Guangzhou, and Shanghai), Hong Kong, and now Singapore?


Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli Nov 2015

Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli

Research Collection Yong Pung How School Of Law

In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU’s requests to claw-back names that were not previously protected in Canada, …


Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee Nov 2015

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …


Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin Nov 2015

Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin

Research Collection Yong Pung How School Of Law

While there have been many legal studies of the European Union Emissions Trading Scheme (EU ETS), none seem to have considered the EU ETS from the perspective of private law, particularly the private law issues that stem from the ambiguous legal nature of the 'carbon credit'. Such ambiguity translates into regulatory uncertainty and business risks of the sort that occurred in Armstrong DLW GmbH v Winnington Networks Ltd [2013] Ch 156, an English case involving fraud and 'stolen' European Union Allowances (EUAs). From an environmental law and policy perspective, uncertainty does not bode well for the EU ETS's regulatory effectiveness …


Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low Nov 2015

Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low

Research Collection Yong Pung How School Of Law

The law of nuisance is an area which is fraught with difficulties. In Lawrence v Fen Tigers [2014] 2 WLR 433, the UK Supreme Court dealt with several of these issues, in particular the relevance of planning permission and when damages should be granted in lieu of an injunction. This comment examines the decision and its implications.


Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua Nov 2015

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.


The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan Nov 2015

The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan

Research Collection Yong Pung How School Of Law

No abstract provided.


Dealing With The Long-Term Scourge Of Terrorism, Tan K. B. Eugene Nov 2015

Dealing With The Long-Term Scourge Of Terrorism, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The year 2015 may well be the annus horribilis for the way the scourge of terrorism has plagued the world. In its latest affront designed to shock and awe, the Islamic State, or Daesh, has claimed responsibility for last Friday’s heinous attacks in Paris, which have claimed more than 120 lives, causing widespread panic and fear there and elsewhere.


Interpreting Liberty And Equality Through The Lens Of Marriage, Nan D. Hunter Nov 2015

Interpreting Liberty And Equality Through The Lens Of Marriage, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this essay, I argue that marriage, as described and prescribed in Obergefell v. Hodges, functions as a lens that distorts the principles of liberty and equality upon which the opinion is based. The Supreme Court’s language is saturated with paeans to marriage, to the degree that the opinion seems to suggest that the moral worthiness of same-sex couples who wish to marry provides the ultimate justification for recognizing a constitutional right. The conceptual fulcrum in this analysis is dignity, which other courts have interpreted as an intrinsic human right that extends to a pluralism of family forms, but …


Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore Nov 2015

Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore

University of Richmond Law Review

This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments thathave significance or general applicability to the implementation of Virginia's election and ethics laws.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2015

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.


Table Of Contents: Annual Survey 2015 Nov 2015

Table Of Contents: Annual Survey 2015

University of Richmond Law Review

No abstract provided.


Preface, John J. Hogan Nov 2015

Preface, John J. Hogan

University of Richmond Law Review

No abstract provided.


Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau Nov 2015

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

University of Richmond Law Review

No abstract provided.


Chevron Is Dead; Long Live Chevron, Michael Herz Nov 2015

Chevron Is Dead; Long Live Chevron, Michael Herz

Articles

The Supreme Court's decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. continues to obsess academics and courts alike. Despite all the attention, however; the "Chevron revolution" never quite happens. This decision, though seen as transformatively important, is honored in the breach, in constant danger of being abandoned, and the subject of perpetual confusion and uncertainty. This Essay seeks both to bury and to praise Chevron. Chevron is not a revolutionary shift of authority from the judiciary to the executive. That Chevron is dead. The Chevron that survives is an appropriate allocation of decisionmaking responsibility among the three …


Front Matter Nov 2015

Front Matter

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Aaron J. Campbell Nov 2015

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.


The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker Nov 2015

The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.


The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr. Nov 2015

The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr.

University of Richmond Law Review

No abstract provided.


The "Test"--Or Lack Thereof--For Issuance Of Virginia Temporary Injunctions: The Current Uncertainty And A Recommended Approach Based On Federal Preliminary Injunction Law, Hon. David W. Lannetti Nov 2015

The "Test"--Or Lack Thereof--For Issuance Of Virginia Temporary Injunctions: The Current Uncertainty And A Recommended Approach Based On Federal Preliminary Injunction Law, Hon. David W. Lannetti

University of Richmond Law Review

No abstract provided.


Virginia's Water Resource Law: A System Of Exemptions And Preferences Challenging The Future Of Public Health, The Environment, And Economic Development, Jefferson D. Reynolds Nov 2015

Virginia's Water Resource Law: A System Of Exemptions And Preferences Challenging The Future Of Public Health, The Environment, And Economic Development, Jefferson D. Reynolds

University of Richmond Law Review

No abstract provided.


Can Telecommunications Use The Experiences Of Railways When Discussing Functional Separation?, Marcin Król Oct 2015

Can Telecommunications Use The Experiences Of Railways When Discussing Functional Separation?, Marcin Król

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article aims to show these areas of experiences with structural separation in Railways which might prove useful for Telecommunications. The context of the analysis is presented in the first part of the paper. Part II discusses the possibility to transfer experiences with structural separation among infrastructure industries. Key conclusions for the Telecommunications sector regarding structural separation applied in Railways are identifi ed in the third part of the paper.


Network Neutrality, Andrzej Nałęcz Oct 2015

Network Neutrality, Andrzej Nałęcz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Network neutrality means that all electronic communications passing through a network are treated equally, independent of their content, application, service, device, or sender and receiver addresses. Network neutrality serves to promote the development of innovative online content and applications. It also plays an important role for the freedom of expression and the freedom to communicate. The basic requirements for network neutrality include: competition on the Internet access services market and its transparency, as well as ease of changing the provider of Internet access services. Current threats to network neutrality include: network management in public communications networks, vertical integration of network …


The Form Of The Agreement On Telecommunications Access And The Consequences Of That Form Not Being Observed, Ewa Galewska Oct 2015

The Form Of The Agreement On Telecommunications Access And The Consequences Of That Form Not Being Observed, Ewa Galewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Telecommunications access agreements are commonly applied on the telecoms market. Since such agreements contain conditions of telecommunications access and on related cooperation, they are of high importance to telecommunications activity. The Polish Telecommunications Act provides the obligation to conclude such agreements in a written form. Whether the appropriate form is observed, and the consequences of not observing the duty to conclude such agreements in a written form, should be assessed in the light of the provisions of the Polish Civil Code.


Selected Issues Of Criminal-Administrative Liability In Polish Postal Law, Mariusz Czyżak Oct 2015

Selected Issues Of Criminal-Administrative Liability In Polish Postal Law, Mariusz Czyżak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

On the basis of the Polish Postal Law of 2012, the legislator has comprehensively specified relevant issues of criminal and administrative liability. A financial penalty can be imposed, inter alia, on natural persons if that person obstructs the conduct of inspections under the Act, if he/she fails to act and if he/she improperly implements a number of information and reporting obligations to the President of UKE. Guiding principles for the sanction term were modifi ed by eliminating the need to take into account the degree of fault when setting the level of the penalty and by introducing the statute of …


Maciej Rogalski, Odpowiedzialność Karna A Odpowiedzialność Administracyjna W Prawie Telekomunikacyjnym, Pocztowym I Konkurencji (Criminal And Administrative Responsibility In Telecommunications, Postal And Competition Law), Warszawa 2015, Ss. 132, Marcin Rafalski Oct 2015

Maciej Rogalski, Odpowiedzialność Karna A Odpowiedzialność Administracyjna W Prawie Telekomunikacyjnym, Pocztowym I Konkurencji (Criminal And Administrative Responsibility In Telecommunications, Postal And Competition Law), Warszawa 2015, Ss. 132, Marcin Rafalski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.


15 Years Of A Regulatory Authority In Telecommunications, Stanisław Piątek Oct 2015

15 Years Of A Regulatory Authority In Telecommunications, Stanisław Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the Volume Editor


Current Problems Of Pro-Competitive And Pro-Consumer Regulation In Infrastructure Sectors. Regulatory Authorities’ Panel During The Official Award Ceremony For The Cars Regulatory Award For 2015, Warsaw, 16 July 2015, Ilona Szwedziak-Bork Oct 2015

Current Problems Of Pro-Competitive And Pro-Consumer Regulation In Infrastructure Sectors. Regulatory Authorities’ Panel During The Official Award Ceremony For The Cars Regulatory Award For 2015, Warsaw, 16 July 2015, Ilona Szwedziak-Bork

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

CARS (regulatory) Award Gala. Warsaw, July 16, 2015.


2015–2016 Byu Law Review Masthead Oct 2015

2015–2016 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Oct 2015

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.