Results 211 to 220 of about 15,991,561 (309)

Integration Through Rights: Towards an Associational Paradigm

open access: yesThe Modern Law Review, EarlyView.
Integration policies in the EU and the UK have over the past two decades increasingly emphasised duties and constraints for migrants. This article challenges the duty‐based model and proposes an alternative legal conception: ‘integration through rights’, with associational rights taking a central role.
Sarah Ganty, Clíodhna Murphy
wiley   +1 more source

Intellectual Property Restitution

open access: yesThe Modern Law Review, EarlyView.
In Europe, open GLAM movements and cultural restitution reforms are overlooking a crucial aspect that should not be underestimated: what should happen to the archival materials, digital collections and intellectual property that are indelibly linked to cultural property.
Andrea Wallace, Mathilde Pavis
wiley   +1 more source

The Antarctic Treaty System needs a disaster management authority to guard the continent against disasters. [PDF]

open access: yesProc Natl Acad Sci U S A
Bode M   +5 more
europepmc   +1 more source

The Doctrine of State Necessity

open access: yesThe Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Consideration Without Economic Duress: Reframing the Analysis of Contractual Modifications

open access: yesThe Modern Law Review, EarlyView.
Prevailing approaches to the contractual enforceability of modifications revise or dispense with the requirement of consideration and invoke economic duress to rule out unfair, inequitable, or bad faith modifications. Enforceability turns effectively on the absence of economic duress. But economic duress is a doctrine of avoidance.
Peter Benson
wiley   +1 more source

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