Описание: This collection of essays, written by international experts and covering a range of different areas of intellectual property law, draws on constitutional theory, and particularly on ideas of "new constitutionalism", to engage with the complex array of contemporary legal constraints on intellectual property law-making.
Автор: Kevin Werbach Название: After the Digital Tornado: Networks, Algorithms, Humanity ISBN: 1108445357 ISBN-13(EAN): 9781108445351 Издательство: Cambridge Academ Рейтинг: Цена: 3643.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Once a seemingly unambiguous benefit to society, the internet is now the basis for invasions of privacy, massive concentrations of power, and manipulation. Featuring leading technology scholars, this collection examines the challenges of building networks and algorithms that benefit humanity. This title is also available as Open Access on Cambridge Core.
When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Описание: The principle of effective judicial protection (‘PEJP’) is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU’s constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court’s interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.
Описание: This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law.
The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue.
This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation.
With a Foreword by Robert Spano, President of the European Court of Human Rights.
Описание: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources.
Ambient intelligence and the profiling activities authorized by modern technologies oblige us to renew our legislation in different directions. Traditionally, data protection law considers only the relationship between data controllers and data subjects positioned as independent entities. However, in the ambient intelligence reality where profiling activities proliferate, enabled by more and more sophisticated software algorithms, their societal impacts have to be taken into consideration by legislative bodies.
Описание: The book gives insightinto the structures and developments of the fundamental rights protection inEurope which is effective at the levels of the national Constitutions, theEuropean Convention of Human Rights and, for the EU member States of the EUFundamental Rights Charter.
Описание: The book gives insightinto the structures and developments of the fundamental rights protection inEurope which is effective at the levels of the national Constitutions, theEuropean Convention of Human Rights and, for the EU member States of the EUFundamental Rights Charter. The contributions of renowned academics fromvarious European countries demonstrate the functional interconnection of theseprotection systems which result in an increasing convergence. Basic questionsare reflected, such as human dignity as foundation of fundamental rights orpositive action as a specific form of equality as well as the concept of rightsconvergence. In this latter contribution the forms of direct reception of adifferent legal order and of the functional transfer of principles and conceptsare analyzed. Particular reference is made to the EU Charter, the UnitedKingdom Human Rights Act as well as to France and Germany. It becomes obvioushow important interpretation is for the harmonization of national andconventional fundamental rights protection. Traditional institutionalapproaches like the dualist transformation concept in Germany are functionallyset aside in the harmonization process through constitutional interpretation. Specificstudies are dedicated to the field of the EU Fundamental Rights Charter and to theEuropean impacts on the national fundamental rights protection in selectedcountries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Описание: This article-by-article commentary is an authoritative reference to the provisions of the TEU, the TFEU, and the Charter of Fundamental Rights, and how they are interpreted and applied. This pack includes a fully annotatable digital product, available online and offline across Windows, Android, Mac, and iOS platforms.
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