Although the Dutch courts tend to lean towards a somewhat less dogmatic approach than their German counterparts, the rules established in these cases resemble the German theory of reciprocal effect or Wechselwirkung between fundamental rights and private law.Using Italian and English law as touchstones, representing a Romanistic and a Common Law perspective respectively, it has been confirmed that fundamental rights have affected the development of private law doctrines. [read post]

The attorney is glad Brown asked; he tells her that Congress has imposed many statutory protections on third party data for things like health data, wiretaps, and bank records. [read post]

First, the Commission rejects financial materiality as the touchstone for its disclosures,[4] and fails to offer in its place a meaningful intelligible limit to its disclosure authority.[5] The release explains that Congress gave “the Commission, which regulates dynamic aspects of a market economy,” “intentionally broad” authority to require disclosures on a wide range of matters, even ones that do “not directly relate to a company’s value and financial… [read post]