Results 1 to 10 of about 288 (127)
The contribution provides a comparison between the regulatory solutions of the ABC-Test in the US and of the EU Directive Proposal on platform work. The Authors underline the significant differences between the two models at stake, despite the common ...
William B. Gould IV, Marco Biasi
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Towards an effective merger review policy: a defence of rebuttable structural presumptions
Abstract We discuss the design of an effective merger review policy for the twenty-first century. We argue that the practice of the past decades is inadequate and propose a move towards much stronger rebuttable structural presumptions. These presumptions establish that all mergers above certain thresholds are illegal unless the merging ...
Tommaso Valletti, Valletti Tommaso
exaly +4 more sources
This Note analyzes the current state of civil law surrounding police use of excessive force, highlighting the evolution of the “objective reasonableness” test employed in civil police use of force lawsuits brought under 42 U.S.C. § 1983. This Note also discusses the role that social movements and surveillance technologies have played in furthering ...
exaly +2 more sources
Incoherence in the UFLPA’s rebuttable presumption: challenges of supply chain transparency
Abstract This paper presents a philosophical critique of the Rebuttable Presumption (RP) embedded in the Uyghur Forced Labor Prevention Act (UFLPA), scrutinizing its internal inconsistency when applied to complex global supply chains. The UFLPA presumes that all goods linked to the Xinjiang Uyghur Autonomous Region (XUAR) or to firms ...
exaly +2 more sources
The Legal Presumption of "Unexplained Wealth"; A Comparative Study of English and Iranian Law [PDF]
The study examines a relatively novel legal presumption called "Unexplained Wealth Orders" (UWRs). According to this legal rebuttable presumption that is accepted in some countries, including England, a person is required by court order to explain about ...
seyyede omolbanin Hoseini
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Legal presumption of fault in the Serbian Law of obligations [PDF]
Subjective tort liability, or subjective non-contractual liability, presupposes damage, causation, and fault. All three conditions are to be proven by the injured party, because fault for damage is not presumed - the system of proven fault. Certain legal
Nikolić Đorđe
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Very first comments on the proposal for a directive to improve working conditions in platform work
The Author presents a quick comment of the Proposal of the European Commission for a Directive of the European Parliament and of the Council, on improving working conditions in platform work - COM (2021) 762, in terms of the Commission's reconstruction ...
Marco Barbieri
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On the Existence of Irrefutable Legal Presumptions
The article criticizes the traditional approach to the definition of the concept of legal presumption and its legal properties. The possibility of the existence of legal presumptions that do not reflect the repeatability of life processes is ascertained.
N. N. Tsukanov
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‘Presumption’ is an ambiguous term that one often finds in substantive and procedural laws. The controversy regarding the operation and effect of ‘presumption’ in civil proceedings has not yet been conclusively resolved despite efforts of scholars.
WY Wodage
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The right of the child to express views and the best interests of the child, in light of the Committee on the Rights of the Child approach [PDF]
The Committee on the Rights of the Child has exerted considerable effort to demystify the best interests of the child. The Committee's striving to determine the content of the child's best interests using the child rights-based approach has particular ...
Vlašković Veljko
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