Title:Arguing about causes in law : a semi-formal framework for causal arguments Author(s):LIEPIŅA, Rūta ; SARTOR, Giovanni ; WYNER, AdamDate:2020Citation:
- Artificial intelligence and law, 2020, Vol. 28, pp. 69–89
Type:ArticleAbstract:Disputes over causes play a central role in legal argumentation and liability attribution. Legal approaches to causation often struggle to capture cause-in-fact in complex situations, e.g. overdetermination, preemption, ...
Title:Leaving the dice for play : a critique of the application of the law and economics lens to international humanitarian law Author(s):KRUPIY, Tetyana (Tanya)Date:2021Citation:
- European journal of legal studies, 2021, Vol. 13, No. 1, pp. 223-269
Type:ArticleAbstract:International humanitarian law remains under-theorised. Eric Posner pioneered the use of law and economics methodology to provide an alternative explanation of international humanitarian law. The present article examines ...
Title:Thinly veiled discrimination : Muslim women, intersectionality and the hybrid solution of reasonable accommodation and proactive measures Author(s):DONEGAN, CaraDate:2020Citation:
- European journal of legal studies, 2020, Vol. 12, No. 2, pp. 143-179
Type:ArticleAbstract:This article examines the discrimination experienced by Muslim women wearing headscarves in Europe, identifying this as a form of intersectional discrimination. Despite the recognition of intersectional discrimination being ...
Title:Evidentiary issues in Philip Morris v Uruguay : the role of the framework convention for tobacco control and lessons for NCD prevention Author(s):MELILLO, Margherita Date:2020Citation:
- The journal of world investment & trade, 2020, Vol. 21, No. 5, pp. 724-752
Type:ArticleAbstract:This article analyses the evidentiary assessment made by the investment Tribunal in the case of Philip Morris with a view to drawing some lessons for the regulation of non-communicable diseases (NCD) prevention regulations ...
Title:Human rights bodies' adjudication of trans people's rights : shifting the narrative from the right to private life to cruel and inhuman or degrading treatment Author(s):BASSETTI, Matteo E.Date:2020Citation:
- European journal of legal studies, 2020, Vol. 12, No. 2, pp. 291-325
Type:ArticleAbstract:Trans people suffer severe violations of their human rights. Human rights bodies and institutions have only addressed these issues to a very limited extent under the right to private life, severely underestimating the harm ...
Title:Gender as a hyperconstruct in (rare) regional human rights case-law Author(s):GILLERI, Giovanna Date:2020Citation:
- European journal of legal studies, 2020, Vol. 12, No. 2, pp. 25-42
Type:ArticleAbstract:Traditional legal accounts of sex and gender in international human rights law have either erased or emphasised the distinction between the two concepts. According to mainstream interpretations, there are two sexes, on the ...
Title:Book review : The construction of fatherhood (Cambridge University Press 2019) Author(s):MERENMIES, MatildaDate:2020Citation:
- European journal of legal studies, 2020, Vol. 12, No. 2, pp. 395-403
Title:Freedom of contract on crossroads : the struggle over the concept of contract liberty in 20th century Poland Author(s):GROCHOWSKI, Mateusz Fabian Date:2020Citation:
- Osteuropa-Recht, 2020, Vol. 66, No. 1, pp. 34-53
Type:ArticleAbstract:The text delves into the origins and theoretic premises of the concept of freedom of contract that developed in Poland throughout the 20th century. It attempts to provide a more precise understanding of the economic and ...
Title:Article 7 TEU : from 'nuclear option' to 'Sisyphean procedure'? Author(s):PECH, LaurentDate:2020Citation:
- Uladzislau BELAVUSAU and Aleksandra GLISZCZYŃSKA-GRABIAS (eds), Constitutionalism under stress : essays in honour of Wojciech Sadurski, Oxford : Oxford University Press, 2020, pp. 157-174
Type:Contribution to bookAbstract:In December 2017, the EU’s Art 7 TEU, often informally but mistakenly referred to as the EU’s ‘nuclear option’, was activated for the very first time by the European Commission in respect of Poland. A few months later, the ...
Title:Theories of choice : the social science and the law of decision making Editor(s):GRUNDMANN, Stefan; HACKER, PhilippDate:2021Citation:
- New York : Oxford University Press, 2021
Type:BookAbstract:Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can ...