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Since at least as far back as the infamous Derek Bentley case of the 1950s in which an unarmed 19-year-old was convicted and executed for murder based on his alleged uttering of the words let him have it to his gun-wielding accomplice, the issue of incitement has been positioned firmly as an object of interest for forensic linguists. An example of a language crime—i.e. an unlawful speech act (as reported by Shuy in Language crimes: The use and abuse of language evidence in the courtroom, Wiley Blackwell, Hoboken, 1993) the features of incitement—formalized as intentionally encouraging or assisting others to commit an offence in the law of England & Wales under section 44 of the Serious Crime Act 2007 (https://www.legislation.gov.uk/ukpga/2007/27/contents)—have been widely debated by... |
Corporate groups with minority shareholders in one or more subsidiaries are common around the world, despite the risks such arrangements pose to those shareholders. Shaping a firm as a web of formally independent, minority-co-owned legal entities facilitates controllers’ diversion of corporate wealth (tunnelling) via intragroup transactions and other non-transactional techniques. While many jurisdictions leave the regulation of intragroup transactions to ordinary remedies against self-dealing, others (mostly in Europe) establish a special regime centred on a relaxation of directors’ fiduciary duties. Under this special regime, subsidiary directors are not liable if they make disadvantageous decisions that are beneficial to other entities within their group, provided that proper comp... |
Digitisation and Sharing of Collections: Museum Practices and Copyright During the COVID-19 Pandemic This article concerns the conflict between copyright and museums’ digitisation and online sharing of collections. This issue has recently become particularly important in connection with the COVID-19 pandemic. The authors outline the concept of a virtual museum and present the most important copyright provisions in EU law that may create obstacles for cultural institutions in realising virtual counterparts. To perceive copyright as the main obstacle in the process of digitisation and online sharing of collections is not unusual. Hence, the article briefly presents legal framework of the European copyright applicable to such situations. The authors argue that although copyright offers a range of possibilities for museums interested in digitising their collections, at the same time it... |
This article considers current advances in tattooing that are challenging community-held views of authorship and ownership, and the need to address this tension. The key challenge is from AI-generated artworks being used as tattoo designs, but the authorial role of the tattooist is also challenged by body art projects such as tattoo collection. Legal clarity for tattooing is lacking, and in addressing this, this article advocates for an open, community-based form of shared copyright ownership and authorship for projects as tattoo collecting, drawing on Dusollier’s and Mendis’ work. This article contributes to both copyright and cultural heritage legal scholarship, and to tattooing scholarship and the tattooing community. AI-generated art being tattooed on people has not been explore... |
Considering that culture is the product of creative and human processes, it is believed that intellectual property is a legal tool that allows for its protection given that it helps conserve, safeguard and preserve its tangible and/or intangible assets. In the case of digital heritage, which is made up of digital elements that should be preserved due to their cultural value, some challenges have arisen regarding their legal protection. One of these challenges is the lack of clarity about how the elements that comprise it should be protected, giving rise to doubts about how intellectual property should help solve this conflict. This article presents the discussion regarding the protection of digital heritage in Colombia, how copyright is becoming an instrument that contributes to its... |
The Coronavirus Disease (COVID-19) pandemic has brought significant impact onto the maritime activities worldwide, including disruption to global trade and supply chains. The ability to predict the evolution and duration of a COVID-19 outbreak on cargo vessels would inform a more nuanced response to the event and provide a more precise return-to-trade date. This paper presents the SEIQ(H)R (Susceptibility–Exposed–Infected–Quarantine–(Hospitalisation)–Removed/Recovered) model, which is the first deterministic mathematical model developed and fit-tested to describe the transmission dynamics of COVID-19 on board cargo vessels of up to 60 crew members. Due to specific living and working circumstances on board cargo vessels, instead of utilising the reproduction number, we consider the h... |
The recent bailout of Credit Suisse is noteworthy for many reasons. One of them is that, while AT1 bondholders were wiped out, shareholders were not. This violates the ‘absolute priority rule’ which is central to corporate reorganisation and bank resolution regimes. In this article, we analyse the motives and mechanics of the write-down and argue that, given the bond terms, the prospect for a legal challenge by the bondholders is slim. At the same time, we question the merits of the write-down. Bondholders should fare no worse than common equity, regardless of whether a financial institution is put in an insolvency proceeding or bailed out, and the applicable bond terms should reflect this. We also raise the issue of a more principled approach to bailouts more generally. |
A situation of insolvency hinders a firm’s ability to obtain external finance. As a result, viable but financially distressed firms might be unable to keep operating and pursuing value-creating investment projects. Consequently, value can be destroyed for debtors, creditors, employees, suppliers and society as a whole. To address this problem, several jurisdictions around the world have adopted a system of rescue or debtor-in-possession (‘DIP’) financing that seeks to encourage lenders to extend credit to viable but financially distressed firms. They do so by providing DIP lenders with different forms of priority that typically range from a basic administrative expense priority to the possibility of becoming a junior or, in some jurisdictions, even a senior secured creditor. After a... |
The paper deals with the problem of digital restitution of art to post-colonial and postdependency countries. A new model of digital restitution composed of two elements: creation of a digital copy with a NFT attached and creation of new property right in a physical and digital object has been proposed. A system of balances between the rights and duties based on the prior user concept has been developed. |
This article deals with the construction and performance of antisemitism in Nazi children’s books. It provides an explorative discourse analysis of Trust No Fox as reported (Bauer, Trau keinem Fuchs auf grüner Heid und keinem Jud bei seinem Eid! Ein Bilderbuch für Gross und Klein, Stürmer-Verlag, Nuremberg, 1936) and The Poisonous Mushroom as reported (Hiemer, Der Giftpilz—ein Stürmerbuch für Jung u. Alt, Stürmer-Verlag, Nuremberg, 1938) through the lens of Critical applied legal linguistics (CrALL). It seeks to elucidate how ‘Jewishness’ is constructed in the two books, with a view to enhancing our understanding of the intertextual and interdiscursive embeddedness of anti-Semitic rhetoric generally and nomination and predication strategies specifically. |
