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Intellectual Property law in the data economy: the problematic role of trade secrets and database rights for the emerging data access rights

January 23, 2023 jmc

The European Union (EU) has adopted a policy objective of fostering access to (non-personal) data. Law is one of the instruments towards this aim, particularly through the enactment of data access rights. The clash of intellectual property (IP) law with those rights is generally … [Read more...]

Authoritarian Constitutionalism: an Oxymoron? The Case of Costantino Mortati’s Early Writings (1931-1940)

March 9, 2022 jmc

In this paper I claim that “authoritarian constitutionalism” is not an oxymoron as it may seem. A series of authoritarian practices have always characterized constitutionalism. Among them, I examine the case of calls for executive dominance in the context of a limited, although … [Read more...]

The missing piece of the European Crisis: Europe’s autoimmunitary disease

March 9, 2022 jmc

The present paper will attempt to map out the current analyses of the state of crisis affecting the EU. The goal is to show that the problem of the European people, namely, how is it possible that, notwithstanding the longevity and stability of the EU, a European people – as … [Read more...]

Friendly Settlement before the European Court of Human Rights

July 6, 2021 jmc

Even though they represent almost 50% of all reported cases before the European Court of Human Rights, settlements of human rights violations escape scholars’ attention. Whilst victims are increasingly expected to resolve their disputes amicably, it is unclear whether applicants … [Read more...]

The Court of Justice of the European Union for Hedgehogs

July 6, 2021 jmc

… [Read more...]

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