Access to Electronic Data by Third-Country Law Enforcement Authorities, Challenges to EU Rule of Law and Fundamental Rights. Center for European Policy Studies, 2015

This study examines the challenges posed to European law by third country access to data held by private companies for the purposes of law enforcement. It pays particular attention to the implications for rule of law and fundamental rights of foreign authorities’ direct access to electronic information falling outside pre-established channels of supranational cooperation. A special focus is given to EU-US relations and the practical issues emerging in transatlantic relations covering mutual legal assistance and evidence gathering for law enforcement purposes in criminal proceedings.

Unfair Advantage: An Intriguing Example of Legal Transformation in the Swiss Private Law

This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

Handbook of resources for criminal justice evaluators.

August 1978.

Eyewitness evidence : a guide for law enforcement /

"October 1999."

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Reports cover 1881-1907.

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Mode of access: Internet.

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Shipping list no: 93-0072-P.

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Spine title: Spaulding's practice.

The Law reports of the Incorporated Council of Law Reporting.

Editor: Sir Frederick Pollock.

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Editor; Frederick Pollock.

The Irish reports, containing reports of cases determined in the High Court and in the Court of Criminal Appeal and in the Supreme Court.

Subtitle varies.

Courts of requests : a practical treatise on their constitution and mode of procedure ... /

Includes index.

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Criminal appeal rules and forms, 1908: p. 655-706.

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Mode of access: Internet.

The third part of the Institutes of the laws of England: concerning high treason, and other pleas of the crown, and criminal causes.

Initials; manuscript marginal notes.