| 1. |
- Waltman, Max
(författare)
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Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
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Ingår i: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
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Tidskriftsartikel (refereegranskat)abstract
- The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.
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| 2. |
- Dahlin, Moa Kindstrom, et al.
(författare)
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Mentally disordered criminal offenders : Legal and criminological perspectives
- 2009
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527 .- 1873-6386. ; 32:6, s. 377-382
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Tidskriftsartikel (refereegranskat)abstract
- Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.
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| 3. |
- Waltman, Max
(författare)
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Rethinking democracy : legal challenges to pornography and sex inequality in Canada and the United States
- 2010
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Ingår i: Political research quarterly. - Salt Lake City : SAGE Publications. - 1065-9129 .- 1938-274X. ; 63:1, s. 218-237
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Tidskriftsartikel (refereegranskat)abstract
- Why are democracies unresponsive to well-documented injuries in the production and by the consumption of pornography? Legal challenges to pornography in Canada and the United States in which sexual subordination, not moral notions of "obscenity," were the driving rationale, show democracies inadequately recognizing gender-specific harms. Changes in Canadian obscenity doctrines to account for harm and inequality, in contrast with the U.S. reign of "free speech," did not deliver a corresponding change on the ground. Developments in democratic theory, international law, and the particular U.S.–Canadian legal trajectory, and consideration of the void of institutions articulating the interests of those victimized in and by pornography, suggest the need to adopt empowering civil remedies.
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| 4. |
- Karlsson-Tuula, Marie, 1961-
(författare)
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Rekonstruktion av företag inom insolvenslagstiftningens ramar : en jämförande studie av svensk och amerikansk insolvensrätt
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Insolvency law is the rooth of commercial and financial law because it obliges the legislator to chose. There is not enough money to go round so the law must chose who to pay. The law must always decide who is to bear the risk so there is always a winner and a loser. The insolvency law has been at the policy agenda in many countries in the last years. In France, Germany, Italy, Japan and other countries have the legal frameworks changed from liquidation procedures to reorganization business. The legal situation in Sweden has also changed from compositions to reorganization business, lagen om företagsrekonstruktion. The key issues are to encourage the formal proceeding by enlarging the debtors control of the business and by inroads creditors rights, in which case the proceeding is pro-debtor.This dissertation compares Swedish and American Bankruptcy Codes with respect to similarities and differences at macro- and micro perspectives. Chapter 11 Reorganization Business in America provides a corporate rehabilitation model, which has been used in other countries. The dissertation also compares the use of the concepts of - the purpose, - the function and - the direction of Swedish and American Bankruptcy Laws in order to establish whether the law is pro-debtor or pro-creditor. The key indicators of whether the rescue proceeding is pro-debtor or pro-creditor include; - How easy it is to enter the rescue proceeding. Debtor's incentives to commence proceeding, freeze on executions and liquidation petitions, impact on security, impact on title of finance, impact on set-off and netting, impact on contract rescissions and lease forfeitures. Disclaimer and abandonment, ability to replace the management, financing of the rescue, scope of the rehabilitation plan. It is argued that the optimal bankruptcy law can be achieved if the law purpose, the function and the law direction relate to each other in Sweden, in both reorganization business and in the liquidation code and it also compared with the American Bankruptcy Code. According to my opinion this is important both in a national and international context.The dissertation also deals with debtor's contract in an insolvency situation in reorganization business and in liquidation. Swedish Laws are compared to the American Bankruptcy Code and point out similarities and differences. In the American Bankruptcy Code there is a special section 365 § BC dealing with executory contract, this section is nearly the same for both the reorganization- and liquidationproceedings. The contracts must be unperformed which means the obligation of both the bankrupt and the other party in the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. If the contract is unperformed the debtor has the possibility to chose if the contracts shall be assumed, assumed and assigned or rejected. Section 365 § BC requires the court to consider whether assumption of the contract in question will further be needed in either rehabilitation or liquidation of the bankruptcy estate. The court reviews the financial impact of the estate and if it is benefiting becoming administratively obligated to perform. The court also review if is best to breach the contract. In Sweden we have different sections which regulate the situation. One section in our reorganization law, lagen om företagsrekonstruktion, we also have two special sections in the law of Sale of Goods, which deals with contract when a debtor became insolvent or file for reorganization business. But we don't have any section in our liquidation law, konkurslagstiftningen, which in my opinion is very strange. We also have a problem with the legislation about swaps and netting which are regulated in a special law, lagen om handel med finansiella intrument. Particular attention is given to the advantages and disadvantages of the existing rules in Swedish legal system compared with 365 § in American Bankruptcy Code. From a national point of view such section should preferably include all types of contract in only one section which is nearly the same as the American model of section 365 §.
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| 5. |
- Lunell, Erika, 1966-
(författare)
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Okonventionella varumärken : - form, färg, doft, ljud
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation deals with new types of marks – shape marks, colour marks, feel marks, hologram marks, motion marks, sound marks, scent marks and taste marks – which, as an option or complement to conventional word or figure marks, are being increasingly used as trade marks in the market place. This trend gives rise to legal and practical questions related to the application of already established trade mark principles in the new context. These questions are the topic of the present investigation. Two issues are studied more closely: the concept of distinctiveness and that of graphic representation.To function as a trade mark a sign must be capable of distinguishing goods or services of one undertaking from those of others. For this, a link must be established between the mark and the goods or services. A problem is that an unconventional sign often conveys functional or decorative messages in addition to the trade mark message. The problem of conflicting messages given by a mark is discussed in some detail, as well as the situation where multiple marks are used in relation to one and the same product. A special problem is that the mark sometimes may not be perceptible to the consumer until after the point of sale. An analysis is also presented of the conflict between the right of the trade mark owner to use, e.g., a colour mark, and the public interest in leaving free certain signs for everyone to use.In order to define the subject of protection, a trade mark application must include a graphic representation of the mark for which registration is sought. As a consequence of the interpretation by the European Court of Justice, the requirement of graphic representation today effectively blocks certain types of marks from being registered. It is suggested that the technical development now may motivate a generalization of the requirement, to include also other methods of representation.
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| 6. |
- Walin, Gösta, et al.
(författare)
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Panträtt
- 2012. - 3
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Bok (övrigt vetenskapligt/konstnärligt)
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| 7. |
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| 8. |
- Jansson, Maria, 1968-, et al.
(författare)
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The final cut (TM) : Directors, producers and the gender regime of the Swedish film industry
- 2021
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Ingår i: Gender, Work and Organization. - : John Wiley & Sons. - 0968-6673 .- 1468-0432. ; 28:6, s. 2010-2025
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Tidskriftsartikel (refereegranskat)abstract
- Focusing on Sweden, this article departs from the proposition that film production and the film industry are governed by institutional arrangements that produce and reproduce gender and gender relations. The article is based on interviews with directors and producers and analyses how Swedish directors and producers describe their roles and relationship, relating this to how these roles are shaped by the law, film policy, and financial arrangements. The article argues that the Swedish film industry rests on a gendered division of labor, that the professions of director and producer are constructed in relation to masculinity, and that the gender equality measures undertaken are not sufficient to come to grips with the gender inequalities in the industry.
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| 9. |
- Dingu-Kyrklund, Elena
(författare)
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Nationality and the child: children’s right to citizenship - the Swedish case
- 2004
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Ingår i: The 3rd European Conference on Nationality “Nationality and the Child” 11-12 October 2004.
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The right to citizenship is an important right that every child should enjoy. In a general discussion on nationality, acquisition and loss of citizenship, the rights of the child against the background of extensive international migration, the article argues about the multiple aspects embedded in the citizenship concept and its practical content, presenting the legal status quo in the matter in the Swedish context.
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| 10. |
- Calleman, Catharina, 1947-
(författare)
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Family Ties in Swedish Employment Law
- 2009
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Ingår i: International Journal of Comparative Labour Law and Industrial Relations. - Alphen aan den Rijn, Netherlands : Kluwer Law International. - 0952-617X .- 1875-838X. ; 25:4, s. 431-445
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Tidskriftsartikel (refereegranskat)abstract
- Members of an employer’s family are exempted from the Swedish Employment Protection Act. This exception, which may be seen in the light of the ban on discrimination on the grounds of family status of EC law, strengthens the prerogative of the employer. It may have the consequence that the working party has no employment contract, pay, or other benefits and also no union membership or other connection to the labour market. It also typically increases the dependence of an employer’s spouse, counteracting the aim of mutual autonomy between spouses in Swedish family law.This dependence in turn may acquire a new meaning in a context of an international labour market, a growing income gap, and an increasing dependence on the family for survival.This paper explores these contradictions, posing questions such as the following: How has this exception changed with the development of society? How has it historically been justified and which societal values does it mirror? How has the personal scope of the exception been defined and what effects does the exclusion have today for family members, both legally and practically?
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