Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Comparative Law

Comparative and Foreign Law

PDF

BLR

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Dignity - The Enemy From Within, Guy E. Carmi Mar 2006

Dignity - The Enemy From Within, Guy E. Carmi

ExpressO

The manuscript challenges the use of human dignity as an independent free speech justification. The articulation of free speech in human dignity terms carries unwarranted potential consequences that may result in limiting free speech rather than protecting it. This possible outcome makes human dignity inadequate as a free speech justification.

The manuscript also demonstrates why articulations of the rationales behind the “argument from dignity” are either superfluous, since they are aptly covered by the “argument from autonomy,” or simply too broad and speech-restrictive to be considered a free speech justification. As a matter of principle, the nexus between freedom of …


Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright And Competition Laws, Daniel J. Gifford Apr 2004

Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright And Competition Laws, Daniel J. Gifford

ExpressO

Abstract: This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also assumes that innovation is a major contribution to long-run welfare. The paper then considers whether the policy initiatives under review furthered that purpose. First it considers U.S. and Canadian legislation designed to promote the entry of generic pharmaceutical products into the market and the response (or lack thereof) of both governments to the issue of regulatory delay …