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8 Jul 2022, 6:30 am
I think this would also lead him to a more productive engagement with why the focus of constitutional theory moved away from the common good approach he favors with its emphasis on harmonizing positive law with the ius gentiumand the ius naturale. [read post]
8 Jun 2019, 6:30 am
It has required plenty of what Kersch calls “culture work” — efforts to harmonize seemingly incompatible strands of constitutional thought. [read post]
28 Jun 2023, 10:30 am
” This development has culminated in the emergence of the “invisible constitution,” an idealized set of supposedly universal aspirations that are “harmonized across states, extended to international institutions, and presented as a self-sustaining system of values. [read post]
8 Jan 2020, 4:28 am
Other similarities claimed include: structure of the lyrics between the choruses, tone, harmonic progression, texture, melodic fills, rhythmic clicking.Sheeran's arguments are that the joint authors of 'Shape of You' (first, second and third claimants) created the song on 12th October 2016 and that there are significant differences between the songs such as different lyrical content, different keys, different musical content of fills, different number and rhythm of clicking… [read post]
27 Jun 2013, 9:05 am
In particular, it would not be possible to add an entirely new criterion (such as the “centre of gravity of the dispute”) to Article 4 (1) of the Directive, which fully harmonizes the territorial scope of application of the Directive. [read post]
7 Dec 2015, 4:09 am
The court mentions Dastar, but uses its general rationale that there’s a need to limit the scope of the Lanham Act to harmonize with the requirement of a majority of circuits that there be a “threshold commercial element” to the defendant’s activity. [read post]
14 Aug 2017, 12:30 pm
A strategy to harmonize national approaches followed in the TPP which may see adoption in other trade agreements such as NAFTA and RCEP would be to create exceptions for countries to the general obligations against data localisations. [read post]
12 Oct 2017, 2:01 pm
It suggests that harmonization and interoperability of national data protection regimes could help to to find an appropriate balance between supporting processes that allow the transfer of data, on the one hand, and addressing concerns related to issues such as privacy and security on the other. [read post]
19 Nov 2014, 4:15 am
Only the last of these has been the subject of harmonization at a European level, and thus falls within the competence of the Court of Justice. [read post]
29 Jun 2023, 8:55 am
NetDGZ used to have a broader scope; can a member state choose to keep/provide a new exception for research purposes, maybe it is at liberty to do so—there’s no harmonization for general access to data for research purposes. [read post]
11 Dec 2017, 2:19 am
Only the Software Directive (Article 1(3)), the Database Directive (Article 3(1)) and the Term Directive (Article 6) provide that, respectively, for computer programs, databases and photographs copyright protection shall be only available if they are their “author’s own intellectual creation”.Until the landmark 2009 decision in Infopaq, it was believed that for works other than those for which harmonization of the originality standard had… [read post]
17 Jan 2014, 9:55 am
SIPO (+26.1%), Turkey (+12.4%), the Office for Harmonization in the Internal Market (OHIM,+12%) and KIPO (+11.8%) experienced double-digit growth from 2011 to 2012. [read post]
20 Mar 2020, 8:18 am
All in all, the project is not dead yet, and we must keep in mind that we have tried to come to a harmonized European patent law for 70 years now: waiting a few years more is not the end of the world.Indeed, the complaint was upheld only insofar as it concerned a formal voting requirement in the German Basic Law [English version here]. [read post]
8 Jun 2020, 10:45 am
After the recent decision by the German constitutional court and the UK government's announcement on their respective countries' participation in the UPC [here and here], a harmonized European patent law seems farther away than ever. [read post]
31 Jan 2020, 1:29 pm
This embed will serve content from youtube.com As ICANN’s board of directors met inside, EFF’s Elliot Harmon explained to the crowd outside what was at stake: the .ORG ecosystem is "not a product to be sold. [read post]
15 Apr 2020, 1:25 am
”All this said, the AG noted that the Enforcement Directive is [regrettably, I’d say] a measure of minimum harmonization. [read post]
3 Oct 2014, 4:19 pm
Free Flow of Information Although the EU negotiators have offered their assurance that the TTIP will not seek to harmonize privacy laws across the Atlantic, indications are that the US negotiators will continue to propose provisions that impact on the free flow of data across borders, as part of the agreement's e-commerce chapter. [read post]
28 Feb 2017, 7:07 pm
(Washington Monument Pix © Larry Catá Backer 2016)I recently announced the forthcoming publication by Carolina Academic Press of my Elements of Law and the United States Legal System (ISBN: 978-1-61163-927-8 • e-ISBN: 978-1-61163-984-1).The work made sense as a century of legalization (here and here) and judicialization (here and here) forces more and more people worldwide to bump up against aspects of aspects of the U.S: legal system. [read post]
8 Jan 2021, 9:28 am
Pence used:. . . purports to be a return from the State and that has annexed to it a certificate from an authority of the State purporting to appoint and ascertain electors . . . .This harmonizes several provisions of the Electoral Count Act. [read post]
13 Oct 2015, 11:42 am
The AmeriKat's view during Sunday evening'sUPC session Sunday late afternoon sessions are generally a killer for attendance as conference participants are either exploring the sites or getting in a quick Kat nap before evening festivities. [read post]
