Allowing For Exceptions
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Author | : Luís Duarte d'Almeida |
Publisher | : Oxford University Press (UK) |
Total Pages | : 321 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199685789 |
Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.
Author | : Molly E. Reynolds |
Publisher | : Brookings Institution Press |
Total Pages | : 290 |
Release | : 2017-07-18 |
Genre | : Political Science |
ISBN | : 0815729979 |
Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
Author | : Robert B. Edgerton |
Publisher | : Univ of California Press |
Total Pages | : 340 |
Release | : 2023-11-10 |
Genre | : Political Science |
ISBN | : 0520347439 |
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1985.
Author | : |
Publisher | : |
Total Pages | : 190 |
Release | : 2016 |
Genre | : Academic writing |
ISBN | : |
Choosing & Using Sources presents a process for academic research and writing, from formulating your research question to selecting good information and using it effectively in your research assignments. Additional chapters cover understanding types of sources, searching for information, and avoiding plagiarism. Each chapter includes self-quizzes and activities to reinforce core concepts and help you apply them. There are also appendices for quick reference on search tools, copyright basics, and fair use.
Author | : Tito Rendas |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 400 |
Release | : 2021-02-10 |
Genre | : Law |
ISBN | : 9403524006 |
Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
Author | : Edmund Bewley |
Publisher | : BoD – Books on Demand |
Total Pages | : 622 |
Release | : 2023-02-01 |
Genre | : Fiction |
ISBN | : 3382106809 |
Reprint of the original. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
Author | : Robert Burrell |
Publisher | : Cambridge University Press |
Total Pages | : 480 |
Release | : 2005-02-24 |
Genre | : Law |
ISBN | : 1107320755 |
This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.
Author | : |
Publisher | : |
Total Pages | : 942 |
Release | : 1920 |
Genre | : Law |
ISBN | : |
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
Author | : |
Publisher | : |
Total Pages | : 1140 |
Release | : 1899 |
Genre | : Law reports, digests, etc |
ISBN | : |
Author | : Patrick Niemeyer |
Publisher | : "O'Reilly Media, Inc." |
Total Pages | : 836 |
Release | : 2002 |
Genre | : Computers |
ISBN | : 9780596002855 |
This updated edition introduces the basics of Java and everything necessary to get up to speed on the new 1.4 version quickly. CD contains the Java 2 SDK for Windows, Linux and Solaris.