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The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel
political aisle due to an immunity provision in the law barring private actions against online service providers for the conduct of those services’ users. Few lawsuits against online entities have survived ... . RESPONSES TO SECTION 230’S IMMUNITY PROVISIONS Resistance to Section 230 has come from both sides of the political aisle, although for different reasons.16 On the right, much of the push for Section 230
fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical
Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political
?: Political Parody On the Internet , 5 J. Intell. Prop. L. 467 (1998). Available at: Recommended Citation Part of theElection Law Commons; First Amendment Commons; and theIntellectual Property Oram: Will the ... Real Candidate Please Stand Up?: Political Parody On the ARTICLE WILL THE REAL CANDIDATE PLEASE STAND UP?: POLITICAL PARODY ON THE INTERNET CONTENTS INTRODUCTION
theConstruction Law Commons, First Amendment Commons , Intellectual Property Law Recommended Citation - NOTES VIRTUAL POLITICS AND THE 2000 ELECTION: DOES FIRST AMENDMENT PROTECTION EXTEND TO POLITICAL SPEECH ON ... for United States President.1 Actually, "georgewbush.com" is the Governor's official website, and "gwbush.com" is a website containing parodies of the official site as well as other political satire
? needs used within the political debate may be featured as a homogeneous concept, the legal traditions that need to host victim-oriented arrangements differ. Indeed, the apparent political consensus with ... Victim Support was, however, felt to be beneficial.41 Nevertheless, the expansion of the oral VIS remained a contentious issue within the Dutch debate. In the wake of the political debate with regard to
; subjective and capricious process for counting votes; . . . and a political process subjected to protracted litigation.”). 38 Help Americans Vote Act, 52 U.S.C. § 10101 (2002). 39 Id. 40 52 U.S.C. § 20922 ... Infrastructure or Political Organization, Campaign, or Candidate Infrastructure Related to the 2020 US Federal Elections, U.S. DEP’T OF JUST. 2 (2021), https://www.justice.gov/opa/press-release/file/1376761
If architecture is politics, then the rise of data-driven computing systems will transform the course, if not the conditions of possibility for the political. Provoked by the work of artists Ruti ... Toronto Law Journal, no. 2, pp. 196-224. R. Sela & M. Amir (eds.), Extraterritorialities in Occupied Worlds (2016). The distinction between 'politics' and 'the political' stems from C. Lefort, The Political
creative production. Neil Netanel highlights fair use’s role in promoting democratic and political participation.34 Although political participation is a preponderant freedom emphasized by both Sen and ... Nussbaum,35 this Article will exclusively weigh the viability of the postulations set forth by the courts and committees of the aforementioned nations, and political participation falls out of the ambit
financial and migration crises, serves only to highlight the gap between rhetoric and reality. We identify two main reasons for this, namely a lack of legal competence and a lack of political will. We then ... greater calls for the EU to respond to these challenges, at the very time when there is a lack of significant political will to act. These problems are exacerbated by the fact that some perceive the EU to
a plan for overcoming them; but in Diogenes a political programme that cannot attain its own ends, and in Zeno a political solution that comes unmoored from its foundations. Today, the International ... defines the cosmopolitanism position as follows: ?The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, are (or can and should be
. CREATIVE DESTRUCTION The term “Creative Destruction” originated in economics as a theory proffered by Joseph Schumpeter, a political economist.9 This theory maintains that the core of capitalist progression ... ://www.proquest.com/docview/2177532016/fulltextPDF/FF96694D4376440FPQ/2 0?accountid=147007 (“As a philosophy it treats breakage as part of the object’s history rather than as an error or a failure to be covered up or
essential. The barriers and obstacles preventing a more extensive application of problem-solving criminal justice is also discussed, drawing on points connected to sentencing parameters, ‘political will’ and ... considerations of legal principle and sentencing parameters, issues of politics and ?political will? and on aspects of legal culture. It is argued there are legal cultural impediments to advancing this approach
In the run-up to the Re-Unification of the East and West Germany in the 1990's the governments faced a problem, how do we integrate two political systems without causing a collapse of the economy and ... the communist political system and his teachings shaped the concept of ownership throughout the USSR. Furthermore, as the study of the pre-1990s East German law will show, it was strongly influenced by
PHILOSOPHY 223, 223–24 (Laura Cull & Alice Lagaay eds., 2014). 39 Svetlova, supra note 37, at 190. 40 Brisset, supra note 22, at 441–42. 41 Id. at 442. 42 Id. 43 Butler, supra note 21, at 519; see also Candace ... United States is located in Washington, D.C., is to reference a cluster of social facts, for example, that there is a political entity called the United States, that it is governed by certain persons and
) (citing MARCIA M. EATON, BASIC ISSUES IN AESTHETICS 2 (1998) (“[A]esthetics is sometimes identified as the ‘philosophy of art’”)). 20 Id. at 263-64. analyzing cases, “the analytical premises of copyright ... incorporated object and the political and economic system that created it.”81 While the court accepted Koons’ intent as representative of the artistic movement he belonged to, the court rejected Koons’ parody
Constitutional conventions are rules of political practice accepted as binding by those concerned in the working of the constitution. This peculiar category of constitutional rules occupies an ... conventions are rules of political practice accepted as obligatory by those concerned in the working of the constitution.1 This category of rules occupies a position between mere political practice and
marginalization of intra-unit minorities. The article therefore examines the institutional, political, legal and policy safeguards that exist for intra-unit minorities. It proposes four mechanisms that aim to ... Ethiopia aims to empower politically mobilized ethno-national groups by granting territorial and political autonomy to some of the major groups at constituent unit and local level. The federal system
so that they may reap more benefits for themselves as well as society. This reasoning reinforces the philosophy underlying the Copyright clause.63 The Supreme Court reasoned that the economic ... philosophy behind the Copyright Clause is to advance the public welfare by incentivizing “individual effort” for “personal gain.”64 History proffers that society not only benefitted if creators were allowed to
