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Luzius Mader, Marta Tavares de Almeida - Quality of Legislation - Principles and Instruments

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Luzius Mader (ed.), Marta Tavares de Almeida (ed.)

Quality of Legislation - Principles and Instruments

Series: International Association of Legislation (IAL) / Deutsche Gesellschaft für Gesetzgebung (DGG)

Volume 16 2011

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Vihar Kiskinov Bulgary Legal Action in the Virtual Realm: New Legislative Methodology and Techniques S. 297-308

„… 297 Legal Action in the Virtual Realm: New Legislative Methodology and Techniques Vihar Kiskinov …” „… information between legal subjects. 303 New legislative methodology and techniques The properties of the …” „… New phenomena New phenomena as e-commerce, e-government, e-justice require legal action in the …”

Nuno Garoupa Portugal Regulatory Impact Assessment – Economic and Political dimensions S. 200-208

„… , elimination of red tape, improvement of legal certainty, and enhancement of rule of law have been heard in …” „… , Legislação: Cadernos de Ciência de Legislação 44: 5-29. 6 Id. 7 Other legal scholars use a different …” „… specific RIA exercises. These are not critiques that reject the methodology as such. They recognize the …”

Luzius Mader Congress Conclusions S. 321-330

„… law and legal sciences. It was an opening to political science, economy and sociology in particular …” „… function a specific piece of legislation is supposed to fulfil. For legal norms with a predominantly …” „… we are legislating in a common law or in a civil law system. 5. Need for a new methodology In the …”

Titelei/Inhaltsverzeichnis S. 2-12

„… rationality in the lawmaking process. Various aspects contributing to a rational regulatory methodology were …” „… procedure - not from a constitutional or legal point of view which belongs mainly to constitutional and …” „… parliamentary law - including: the legislative planning; the legislative methodology; the best practices on …”

List of Authors S. 351-355

„… Assistant at the Department of Methodology of Law and Legal Research, University of Tilburg. Natasha …” „… Legistics (CELEGIS), Brazil. Cláudia Ribeiro, Head of Legal Support Department, Portuguese Parliament …” „… Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London …”

Pierre Issalys Canada Impact Assessment as a Means towards Higher Quality of Legal Norms: beware of Blind Spots S. 208-218

„… 208 Impact Assessment as a Means towards Higher Quality of Legal Norms: beware of Blind Spots …” „… regulation, including regulation through legal norms. The spread of IA might be ascribed to yet another of …” „… higher-quality legal norms. At the same time, however, it will heed the frequently-heard reminder that some …”

David Keyaerts Belgium Interaction between ex ante evaluation and judicial review by EU courts S. 109-118

„… .7 Several arguments for this approach can be put forward. Firstly, the recent socio-legal …” „… the drafting of such reports. METHODOLOGY – In their core all the above mentioned ex ante evaluation …” „… – Rational legal orders allow their courts to scrutinize legislation.21 From the early beginning the …”

Alexandre Sousa Pinheiro, Teresa Amador Portugal LEGIS-PALOP Project: A step towards Lusophone Citizenship Global presentation of LEGIS-PALOP S. 184-190

„… http://www.legis-palop.org/bd. There it is possible to find 3 separate Databases: legal, case law, literature and official …” „… São Tomé and Princípe. A thesaurus was created incorporating technical terms (mainly legal ones …” „… corpus of of legal material from all Lusophone African countries to anyone interested in having access …”

Giuseppe Cammarota, Giovanni Piccirilli Italy Political Communication and Effectiveness of Legislation. Challenges to the certainty of law beyond the law in the books S. 288-297

„… of the law/rule The normative acts, unlike the legal acts between individuals, have their …” „… which they are subjected. The legal systems that use multiple sources of knowledge are typically in …” „… Community. However, after the legal publication, even if it is formally »valid«, a rule could not be …”

Rob van Gestel, Marie-Claire Menting Netherlands The impact of ex ante evaluation of legislation: going Dutch? S. 218-238

„… and accountable for the way alternatives are taken into account, and what the (legal) consequences …” „… legal systems where RIA’s are already in place, namely the EU and UK. The EU is interesting because of …” „… : The quality of European legislation and its implementation and application in the national legal …”

doi.org/10.5771/9783845231792

Dariusz Szostek, Mariusz Załucki - Legal Tech

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Dariusz Szostek (ed.), Mariusz Załucki (ed.)

Legal Tech

2021

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Malgorzata Kurowska Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk Management S. 195-222

„… Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk …” „… Management Małgorzata Kurowska Introduction LegalTech solutions – due to the automated information processing …” „… the perspective of the core values associated with the legal profession. The values at stake here are …”

Ewa Fabian, Przemyslaw Polanski The Changing Role of the Lawyer. The Case of Digital Accessibility. S. 165-178

„… SECTION THREE. Possibilities of Applying LegalTech Tools in Legal Practice The Changing Role of the …” „… more realistic to replace some of a lawyer's activities with more and more specialized LegalTech tools …” „… experts will gradually be replaced by a cheaper workforce capable of handling intelligent Legal …”

Patryk Ciurak Two Sides of the Same Coin. Possible Interactions Between Text-written Law and Computer Code in the Near Future S. 141-162

„… written in a specific legal language still regulate the life and functioning of societies, and their …” „… legal norms that build on the open texture of natural language, avoiding both the overand …” „… and applied. To achieve a real fusion of the two realities - legal and IT - the law should evolve into …”

Mariusz Zalucki LegalTech in the Judiciary: Technological Developments and the Future of the Court System S. 387-404

„… LegalTech in the Judiciary: Technological Developments and the Future of the Court System Mariusz …” „… in views is currently rather related to the methodology of exercising the office of a judge …” „… of justice, LegalTech, is a path from which there is no turning back today. This will be the subject …”

Summary of the book S. 615-616

„… Summary of the book Lawyers, including advocates, legal advisers, judges and prosecutors are facing …” „… and legal aspects of legal assistance provided, to include court proceedings. The changes are already …” „… function at different levels of use of LegalTech tools. In states with low levels of digital competence, it …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk Management 195 …” „… Legal Tech Information technology tools in the administration of justice Dariusz Szostek | Mariusz …” „… Załucki (eds.) Dariusz Szostek | Mariusz Załucki (eds.) Legal Tech Information technology tools in the …”

Dariusz Szostek The Concept of Legal Technology (LegalTech) and Legal Engineering S. 19-28

„… science, and informatics in particular, with the legal discipline forces a change of methodology for …” „… , Barriers, Doubts SECTION ONE. The Concept of Legal Technology and its Borderlands The Concept of Legal …” „… Technology (LegalTech) and Legal Engineering Dariusz Szostek Definition Information technology extends its …”

Katarzyna Biczysko-Pudelko LegalTech and Coud Computing S. 223-250

„… juxtaposes that with the methodology of implementing Legal- Tech solutions as such (as discussed in Part V …” „… LegalTech and Coud Computing Katarzyna Biczysko-Pudełko Introduction When R.Susskind's book The …” „… International Legal Technology Association (ILTA), in which as many as 89 % of lawyers4 declared that they would …”

Michal Araszkiewicz Computational Legal Problem Solving. What can Legal Tech Learn from AI and Law Research, and Beyond? S. 101-128

„… SECTION TWO. Towards Algorithmic Legal Reasoning and Law-Making Computational Legal Problem Solving …” „… . What can Legal Tech Learn from AI and Law Research, and Beyond?1 Michał Araszkiewicz Introduction …” „… LegalTech is one of the most rapidly growing branches of information technology.2 It has become commonplace …”

Anna Zalesinska, Dariusz Szostek Electronic Communication S. 433-462

„… one of the key tools in LegalTech 1.0. Apart from digitalisation of resources, it was the first of …” „… LegalTech instruments used by lawyers. It underwent significant evolution over the span of years. Beginning …” „… only as a means for “transport” of documents – an early stage of LegalTech, access to certain …”

doi.org/10.5771/9783748922834

Matthias Mahlmann - Gesellschaft und Gerechtigkeit

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Matthias Mahlmann (ed.)

Gesellschaft und Gerechtigkeit

2011

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Mark Van Hoecke Identity Crisis in the Legal Sciences S. 423-436

„… scientific. They have proposed and tried to radically change the aim and methodology of legal scholarship, so …” „… odology.16 However, Kelsen offered a theoretical framework for legal doctrine, not a methodology for …” „… doctrinal legal research. Attempts and proposals to change the methodology of legal science became the main …”

Richard Lehun, Richard A. Janda A Topography of Shards: Peter Weiss and the Paradoxes of Justice S. 189-221

„… hold of conventional self-reproducing legal conceptions of justice, and on the impetus to create such …” „… on a strong legal dimension, divided between the corrective form, which deals with the exchange of …” „… legal conventions of the city. Justice is done when each individual receives what he is entitled to as …”

doi.org/10.5771/9783845231167

Simon Schrör, Alexandra Keiner, Ferdinand Müller, Pablo Schumacher - Entscheidungsträger im Internet

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Simon Schrör (ed.), Alexandra Keiner (ed.), Ferdinand Müller (ed.), Pablo Schumacher (ed.)

Entscheidungsträger im Internet

2022

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Christoph König Methode als Machtfaktor revisited: Smart contracts, material justice and pre-eminence S. 131-148

„… , legal methodology will inevitably find an elegant way to make smart contracts operational within the …” „… of authority), Grimm sought to analyse the role and use legal methodology had and has–openly and …” „… ).Christoph König138The specific legal methodology Grimm discusses is positivism. Here he wants positivism to …”

doi.org/10.5771/9783748934981

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Eva Riemann

Contextual Brand Valuation

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 15 2012

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Conclusions S. 169-170

„… considered.534 In addition, transparency and replicability of this methodology are lacking at a number of …” „… disclosed.535 The Interbrand methodology is thus to some extent an inflexible and ‘black box’, i.e …” „… methodology at hand is that future orientation is covered by both discounting estimated future income streams …”

Scarcity S. 29-30

„… valuation methodology in the following chapters four and five. This methodology serves as the author’s …” „… systematic integrated methodology is, in its essence, applicable to valuation of all intangible assets and …” „… focus of this work lies on the fundamentals of IP valuation as well as on the methodology newly …”

Prismatic Evaluation S. 180-191

„… 4.1.2), enables the valuator to comprehensively collect information on legal, technical, business …” „… Methodology. As a widely applied tool in the course of many different types of valuations, it serves, within …” „… value spread. At the same time, it enables the methodology to reach a financial value outcome. In the …”

Summary and Perspectives S. 263-270

„… risk of becoming generic. Such schemes do not only safeguard the legal trade mark freedom to operate of …” „… , that is if the proprietor refrains from taking legal action despite his knowledge of a conflicting …” „… . 53 CTMR. 261 5.15 Summary Even though legal issues might not be in the center of attention in the …”

Distinguishing Reporting from Forecasting Valuations S. 27-29

„… valuation as well as on the methodology newly introduced in chapters four and five, especially its legal …” „… objectives a proper valuation methodology is supposed to meet. 1.1.2.2 Definition of the Desired Stage Every …” „… introduce a systematic integrated valuation methodology in the following chapters four and five. This …”

Conceptual and Methodical Soundness S. 192-197

„… operandi. The comparative evaluation ensures holistic treatment of legal, technical, business strategic and …” „… methodology but also to the applicability of the methodology itself. The four dimensions allow for all types …” „… utility, strength and value, relatively strongly dependent on the legal and factual contexts in which they …”

Important Brand Valuation Developments and Issues . S. 170-172

„… methodology which cannot be recommended for widespread utilisation. 3.2.4.3 Intermediate Findings Brand …” „… parameters. However, underlying priorities are different. Whereas Interbrand’s methodology originates from …” „… to the latter, legal trade mark protection is one of the seven non-monetary factors being examined in …”

Introduction S. 201-206

„… 4.3 Summary The Systematic Integrated Methodology, or SIM, is a business process oriented brand and …” „… mandatory requirements a proper intellectual property valuation methodology is supposed to meet. Thus, an …” „… applied brand valuation techniques do, cf. 3.3.1. 199 Chapter 5 The Legal Dimension 5.1 Introduction In …”

Financial Techniques S. 129-150

„… author’s systematic integrated methodology which will be introduced in the following chapter is a brand …” „… (and IP) valuation methodology specifically created for practical application, it is reasonable to …” „… in chapter four to examine the newly introduced methodology. 3.2.2 Financial Techniques Financial …”

Strategic and Operative Brand Management and Brand Controlling S. 85-91

„… provides for scarcity due to legal protection.228 This constitutes the dogmatic foundation of a brand’s …” „… potential to develop a value. Conceptionally, legal scarcity caused by trade mark protection, whether by …” „… proper valuation methodology needs to handle all important brand functions. 2.2.3 Findings Compared to …”

Manageable Output S. 197-198

„… within the Systematic Integrated Methodology as introduced above ensures operationalisation of all …” „… salient legal, technical, business strategic and financial value influencing factors. However, dealing …” „… methodology is able to balance subjectivity and objectivity in a satisfactory way, keeping the degree of …”

Findings S. 198-199

„… crucial question is whether the valuation methodology is able to balance subjectivity and objectivity in a …” „… selection needs to be carried out by an expert in each field (legal, technical, financial and business …” „… strategic valuation methodology in how successfully it is able to, amongst others, deal with future-related …”

Financial Income-Based Analysis S. 175-180

„… many flaws entailed by current methodologies as possible. One central circumstance such a methodology …” „… all actualities which have a bearing on value. These include not only financial issues but also legal …” „… Chapter 4 A Systematic Integrated Valuation Methodology The preceding chapters have shown that there are …”

Conceptual and Methodical Soundness S. 31-38

„… crucial for both liability and other legal issues and financial questions such as distribution of earnings …” „… title 29 Cf. 2.1.1.3.7 – legal scarcity. 30 holder, be it a natural or a legal person. The concept of …” „… title comprises any legal rights construction, be it full ownership or merely the role as a licensee. No …”

Brand Protection S. 99-102

„… collateral are not very much on the legal but rather on the factual side. The fact that trade mark rights can …” „… presupposes their valuation) to a special purpose vehicle (SPV), a legal entity unconnected to the originator …” „… course of a valuation methodology as proposed in this work. 288 Schmeisser/Schmeisser, DStR 2005, 344 …”

Intangible Assets and Intellectual Property S. 43-56

„… forecasting valuation methodology shall meet were also explained in this beginning chapter. Conceptual and …” „… Integrated Methodology. Furthermore, this work attempts to help reduce risks and information asymmetries in …” „… to scrutinise possible value implications of legal aspects of trade mark protection in a fashion as …”

Financial-Behavioural (Hybrid) Models S. 157-169

„… , however, a necessary characteristic of a sound brand valuation methodology as defined in this work.482 …” „… methodology is inadequate for strategic future-oriented brand valuation purposes as introduced in the course …” „… methodology was applied to all IP assets within a company, decisions relating to (for example) resource …”

Psychographic Models S. 150-157

„… ➤ methodology does not seem to be freed from the one-sided constraints a purely financial valuation tool brings …” „… the proprietor’s point of view, such as the strength of the underlying legal protection or the quality …” „… Rating model yet so well-known by itself that it is introduced here. The Brand Rating methodology is …”

Contents S. 7-14

„… . . . . . . . . . . . . . 53 2.1.1.3.7 Legal Scarcity . . . . . . . . . . . . . 55 2.1.1.4 Intermediate Findings …” „… Functions . . . 57 2.1.2.1.1 Trade Marks as Legal Phenomena . . 57 2.1.2.1.2 Trade Mark Types …” „… Solution . . . . . . . . . 172 4 A Systematic Integrated Valuation Methodology 175 4.1 Overview of the …”

Widespread Acceptance S. 197

„… within the Systematic Integrated Methodology as introduced above ensures operationalisation of all …” „… salient legal, technical, business strategic and financial value influencing factors. However, dealing …”

General Issues and Trends S. 113-116

„… whole, defined and transferable legal rights. From an accounting perspective, the brand elements going …” „… this work in the course of the discussion of the issue how an ideal brand and IP valuation methodology …”

Brand Transactions S. 91-96

„… evaluation methodology serves as an important resource of guidance in this context. Marketing is not confined …” „… . 269 More on the legal arrangement of licencing deals below at 5.13.1. 270 This is hardly found in …”

doi.org/10.5771/9783845241890

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