Results 321 to 330 of about 181,697 (356)
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Journal of Intellectual Property Law & Practice
This article examines the availability of injunctions and the award of damages for patent infringement under the Agreement on a Unified Patent Court (UPCA), in light of the principle of proportionality.
Franz Hofmann, Benjamin Raue
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This article examines the availability of injunctions and the award of damages for patent infringement under the Agreement on a Unified Patent Court (UPCA), in light of the principle of proportionality.
Franz Hofmann, Benjamin Raue
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Principle of Proportionality as Principle of Economic Efficiency
European Law Journal, 2013AbstractThe principle of proportionality is at the cornerstone of EU law, and precisely of the case‐law of the European Court of Justice (ECJ).In the law and economics literature, the general principles of law are commonly opposed to legal rules in terms of efficiency.
Aurélien Portuese
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Fairness and the proportionality principle
Social Choice and Welfare, 2017How should income be distributed in a way that respects both the egalitarian ideal that inequalities due to differences in opportunities should be eliminated and the liberal ideal that people should be free to pursue their own idea of the good life without interference from society?
Alexander W. Cappelen, Bertil Tungodden
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Journal of Russian Law
In the materials of law enforcement practice and sources of legal scientific literature devoted to public legal liability, there is no conventional approach to defining the content of the terms proportionality and proportionality, which are actively used
S. Malakhov
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In the materials of law enforcement practice and sources of legal scientific literature devoted to public legal liability, there is no conventional approach to defining the content of the terms proportionality and proportionality, which are actively used
S. Malakhov
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Proportionality: A Matter of Principle [PDF]
Ronald Dworkin is an author who has been relied upon by many European lawyers and thinkers alike lately. However, some critics have called his theory 'parochial', suggesting that it could not be applied outside the United States (and perhaps Great-Britain).
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Proportionality as a Global Constitutional Principle
SSRN Electronic Journal, 2016This paper shows that three versions of the principle of proportionality exist in international law, and that these three have different constitutional functions. The horizontal version 1 applies, inter alia, in the field of countermeasures including self defence. The principle here refers to the relation between action (breach of international law) of
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VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA
When introducing legal regimes of various types and in the process of their operation, when es-tablishing the need to make management decisions and procedural actions, a pragmatic approach is manifested.
Gul'nara Afzaletdinova
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When introducing legal regimes of various types and in the process of their operation, when es-tablishing the need to make management decisions and procedural actions, a pragmatic approach is manifested.
Gul'nara Afzaletdinova
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The American journal of comparative law, 2019
A constitutional limitations clause manages the conflict between constitutional rights and the legislative pursuit of broader social objectives. In six paradigm postwar constitutional democracies—Canada, Germany, India, Israel, Poland, and South Africa—
Richard Stacey
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A constitutional limitations clause manages the conflict between constitutional rights and the legislative pursuit of broader social objectives. In six paradigm postwar constitutional democracies—Canada, Germany, India, Israel, Poland, and South Africa—
Richard Stacey
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The Principle of Proportionality and the European Central Bank
European Public Law, 2020The article is divided into four parts. Parts I gives a general overview of the origin of the principle and its subsequent developments in light of the case-law of the European Court of Justice. It also reflects on the different meanings of proportionality as a flexible and multi-faceted principle.
Macchia, Marco+2 more
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The Difficulty Of Applying The Principle Of Proportionality In Precision Weapons
International Journal of Environmental ScienceThe rapid development of new military technology poses significant challenges, as precision weapons are designed to revolutionize the way war is waged.
Marwan Amer Hamad Hamid+1 more
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