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On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of...
Persistent link: https://www.econbiz.de/10013051862
In Victoria and New South Wales, young learner drivers have been required to have 120 hours supervised driving before taking their provisional license test since July 2007. Queenslanders under 25 have to show that they have completed 100 supervised hours. Most other states require at least 50...
Persistent link: https://www.econbiz.de/10014176740
This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...
Persistent link: https://www.econbiz.de/10014153227
Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...
Persistent link: https://www.econbiz.de/10013070323
Our laws have sought to promote “and enforce a sense of morality in the business community. Well-settled laws regulating fraud, undue influence, fiduciary relationships, confidential information, truth-in-advertising, fair reporting practices, etc., have their origins in moral codes and...
Persistent link: https://www.econbiz.de/10014359157
This Article argues that despite the benefits of illicit enrichment for thwarting corruption, this offense violates fundamental human rights of the accused and therefore must be replaced by alternate enforcement mechanisms. Part I demonstrates how illicit enrichment surfaced as a mechanism to...
Persistent link: https://www.econbiz.de/10013004977
The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a ‘culturally relative', patriarchal society. This paper explores the tensions...
Persistent link: https://www.econbiz.de/10013144028
In advanced economies, the recent collapse of interest rates to the Zero Lower Bound (ZLB) has triggered a series of research questions on how to navigate the new zero-interest credit environment. Focusing on illegal markets, it is possible to explain why usury still remains widespread after the...
Persistent link: https://www.econbiz.de/10012945515
fines ever imposed in the United States for any form of corporate crime. The Justice Department also may decide to pursue … environmental crime, for reasons that are understandable given the notoriety of the spill and the penalties at stake. In some … distinctive qualities make it an anomalous environmental crime: the conduct was not as egregious, the harm was far worse, and the …
Persistent link: https://www.econbiz.de/10014187042