Law & Society: Private Law eJournal最新文献_第7页

Is There an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice 欧盟是否存在版权法理学?欧洲法院运作的实证分析

Law & Society: Private Law eJournal Pub Date : 2015-08-13 DOI: 10.1111/1468-2230.12166

M. Favale, M. Kretschmer, Paul Torremans

{"title":"Is There an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice","authors":"M. Favale, M. Kretschmer, Paul Torremans","doi":"10.1111/1468-2230.12166","DOIUrl":"https://doi.org/10.1111/1468-2230.12166","url":null,"abstract":"The Court of Justice of the European Union (ECJ) has been suspected of carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. This study aims to investigate empirically two theories in relation to the development of EU copyright law: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European law rather than – less discretionary – semantic and systematic legal approaches). \u0000 \u0000We have collected two data sets relating to all ECJ copyright and database cases up to Svensson (February 2014): (1) Statistics about the allocation of cases to chambers, the composition of chambers, the Judge Rapporteur, and Advocate General (including coding of the professional background of the personnel); (2) Content analysis of argumentative patterns in the decisions themselves, using a qualitative coding technique. Studying the relationship between (1) and (2) allows us to identify links between certain Chambers/ Court members and legal approaches, over time, and by subject. These shed light on the internal workings of the court, and also enable us to explore theories about the nature of ECJ jurisprudence. \u0000 \u0000The analysis shows that private law and in particular intellectual property law expertise is almost entirely missing from the Court. However, we find that the Court has developed a mechanism for enabling judicial learning through the systematic assignment of cases to certain Judges and AGs. We also find that the Court has developed a “fair balance” topos linked to Judge Malenovský (rapporteur on 24 out of 40 copyright cases) that does not predict an agenda of upward harmonisation, with about half of judgments narrowing rather than widening the scope of copyright protection.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134250042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 38

The Application of the Doctrine of Privity of Contract to Insurance Contract in Nigeria 合同相对性原则在尼日利亚保险合同中的适用

Law & Society: Private Law eJournal Pub Date : 2015-08-09 DOI: 10.2139/ssrn.2641551

O. Oke

引用次数: 0

An Open Letter to the Sponsors of the Revised Defend Trade Secrets Act 致修订《保护商业秘密法》发起人的公开信

Law & Society: Private Law eJournal Pub Date : 2015-08-03 DOI: 10.2139/SSRN.2699763

David S. Levine, Sharon K. Sandeen

引用次数: 0

Public Institutions as Defamation Plaintiffs 公共机构作为诽谤原告

Law & Society: Private Law eJournal Pub Date : 2015-08-01 DOI: 10.2139/SSRN.2651146

Hilary Young

{"title":"Public Institutions as Defamation Plaintiffs","authors":"Hilary Young","doi":"10.2139/SSRN.2651146","DOIUrl":"https://doi.org/10.2139/SSRN.2651146","url":null,"abstract":"It is reasonably well settled in Canadian common law that governments cannot bring defamation actions against citizens. That said, uncertainty remains about the scope of the rule (i.e, what counts as government for the purposes of the rule) because of a lack of case law, and because cases rely on different rationales, including the chilling effect of defamation actions on democratic discourse, the public nature of a government’s reputation and the fact that governments generally have the ability to speak out to try to correct misinformation about them.This article examines the law in other common law countries and Canada with two goals in mind: first, to understand the current Canadian law with regard to governments’ and other public bodies’ ability to sue in defamation; and second, to ground a normative analysis. Specifically, I assess how the rule against government defamation actions should be applied to public institutions such as school boards, police forces and crown corporations. I propose that like governments, public institutions should be prohibited from suing in defamation. As a starting point, public institutions are institutions subject to access to information requests under federal and provincial law. I justify this admittedly broad prohibition with regard to the nature of public institutions’ interest in reputation, the importance of speech about such institutions, the limitations of defamation defences in protecting speech on matters of public interest, and the ability of public institutions to communicate with citizens to try to correct misinformation.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130082937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Liability of Persons of Unsound Mind: Incentives for Choosing Activity Level. An Economic Analysis of the Law 心智不健全者的责任:活动水平选择的动因。法律的经济分析

Law & Society: Private Law eJournal Pub Date : 2015-07-25 DOI: 10.2139/ssrn.2635869

Enrico Baffi, D. Nardi

{"title":"Liability of Persons of Unsound Mind: Incentives for Choosing Activity Level. An Economic Analysis of the Law","authors":"Enrico Baffi, D. Nardi","doi":"10.2139/ssrn.2635869","DOIUrl":"https://doi.org/10.2139/ssrn.2635869","url":null,"abstract":"The aim of this paper is to demonstrate that liability on the part of a person of unsound mind in respect of an act committed by that person does not alter incentives to act by reason of the fact that when this person commits the unlawful act, he is not in possession of all their faculties. Regulations providing for liability on the part of the person of unsound mind in the choice of the activity level when he is in possession of all the faculties would have the effect of acting as a disincentive to conduct which is inefficiently harmful, as the person, when choosing his level of activity, would take into account the risk of liability in cases where he commits an unlawful act. Liability linked to the choice of level of activity would act as a disincentive to excessive risks of harmful events.The proposal made by some academic researchers whereby indemnification must take into account the age and the severity of the incapacitation would induce people who are not, in a certain moment, of unsound mind to choose their level of activity, taking into account liabilities they may face. A law which links the indemnification that injurer must pay when he is of unsound mind to age and severity of incapacitation acts as a disincentive to the choice of excessively high levels of activity and therefore excessive risks, and favours efficiency.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124684054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Key Considerations in the Drafting of Guarantees and Bonds 起草保函和保函的关键考虑因素

Law & Society: Private Law eJournal Pub Date : 2015-07-12 DOI: 10.2139/ssrn.2684027

O. Osinubi, Ihenetu-Geoffrey Chibueze Chinedu

引用次数: 0

From Bailouts to Bogs -- Shaking the Takings Money Tree 从救助到沼泽——动摇收入树

Law & Society: Private Law eJournal Pub Date : 2015-07-08 DOI: 10.2139/SSRN.2628344

Laura S. Underkuffler

引用次数: 0

Koushal v Naz: Judges Vote to Recriminalise Homosexuality 库沙尔诉纳兹案:法官投票将同性恋重新定罪

Law & Society: Private Law eJournal Pub Date : 2015-07-01 DOI: 10.1111/1468-2230.12133

Tarunabh Khaitan

引用次数: 2

Legal Risk Premia During the Euro-Crisis: The Role of Credit and Redenomination Risk 欧元危机中的法律风险溢价:信用和货币重估风险的作用

Law & Society: Private Law eJournal Pub Date : 2015-06-25 DOI: 10.2139/ssrn.2608852

Jens Nordvig

{"title":"Legal Risk Premia During the Euro-Crisis: The Role of Credit and Redenomination Risk","authors":"Jens Nordvig","doi":"10.2139/ssrn.2608852","DOIUrl":"https://doi.org/10.2139/ssrn.2608852","url":null,"abstract":"Using several new datasets, I document the role of legal risk premia in bond yields during the Euro-crisis. I find evidence of a rising premium especially in late 2011 and mid-2012 on bonds with foreign governing law relative to those with local governing law (and otherwise similar characteristics). The results illustrate that legal risk premia spiked at the height of the crisis in the Eurozone, when investors were willing to pay a premium for the additional protection offered by foreign law bonds. I show that this governing law premium can be linked to both credit risk (expected haircuts) and redenomination risk (expected currency depreciation). This paper is the first to empirically link the governing law premium to redenomination risk. I find evidence that redenomination risk is an independent driving force of governing law spreads over and above credit risk, although it is analytically challenging to separate the two risk factors. My findings, while not conclusive, are consistent with the consensus in the literature on contract law, which argues that local law financial instruments should be more susceptible to redenomination in a scenario of a country exiting the Eurozone.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121129840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

The Review of the Economic Legislation in May 2015 2015年5月经济立法回顾

Law & Society: Private Law eJournal Pub Date : 2015-06-19 DOI: 10.2139/SSRN.2620709

I. Tolmacheva, Julia Grunina

引用次数: 0