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1.
  • A Proactive Approach : Law Libraries
  • 2006
  • Samlingsverk (redaktörskap) (övrigt vetenskapligt)abstract
    • Reliance on routines to avoid mistakes is a self-evident feature of many fields of human activity. The commercial pilot preparing for take-off, the engineer designing a bridge and the insurance company introducing a new product all depend on proven methods to ensure that nothing important is forgotten and to assess the consequences of planned measures. Legal work is somewhat atypical in the foregoing respect. Compared with many other activities, there are few descriptions of how the various segments of a legal task are to be devised in order to achieve the greatest possible certainty of result. Lawyers tend to work reactively, i.e., the focus is on solving problems that have already arisen. Efforts aimed at avoiding problems before they begin to brew - i.e., proactively - are less common. The proactive approach is not unknown in the legal sphere but as compared to many other fields of the law the perspective is not very well elaborated. Against this background this volume of Scandinavian Studies in Law presents 25 articles on various aspects of proactive approaches in law, the majority of them focusing on contracting issues. The collection is simultaneously a documentation of a conference on proactive law held in Stockholm 2005. In addition to the articles on proactive law this volume contains a presentation of major law libraries in the Scandinavian countries.Table of Contents:Barton, Thomas D., Thinking Preventively and Proactively, p. 71-92Bing, Jon and Mahler, Tobias, Contractual Risk Management in an ICT Context - Searching for a Possible Interface between Legal Methods and Risk Analysis, p. 339-358Cummins, Tim, Best Practices In Commercial Contracting, p. 131-148Daicoff, Susan, The Comprehensive Law Movement: An Emerging Approach to Legal Problems, p. 109-128Dauer, Eduard A., The Role of Culture in Legal Risk Management, p. 93-108Haapio, Helena, Introduction to Proactive Law from a Business Lawyer's Point of View, p. 21-34Haapio, Helena, Business Success and Problem Prevention through Proactive Contracting, p. 149-194Haarala-Nystén, Soili, Contract Law and Everyday Contracting, p. 263-284Haavisto, Vaula, Contracting in Networks, p. 237-254Jakobsen Sandfeld, Søren, Entering New and Converging Media Markets: How to Take a Proactive Approach to Legal Issues in the Electronic Communications Sector, p. 393-406Kavaleff, Anette, Successful Outsourcing through Proactive Contracting - Strategy, Risk Assessment and Implementation, p. 215-226Lando, Henrik, Determinants of the Optimal Degree of Pro-activeness in Contracting, p. 255-262Magnusson, Jarl S., Proactive Law - and the Importance of Data and Information Resources, p. 407-424Magnusson Sjöberg, Cecilia, Presentation of the Nordic School of Proactive Law, p. 13-20Paris, Carolyn E.C., Contract Management: Design Parameters and Challenges to Implementation, p. 195-214Pohjonen, Soile, Proactive Law in Academia, p. 53-70Sadighi Firozabadi, Babak and Sergot, Marek , The Role of Agreements in Virtual Organisations, p. 297-304Schartum, Dag Wiese, Introduction to a Government-based Perspective on Proactive Law, p. 35-52Seipel, Peter, Nordic School of Proactive Law Conference 2005: Closing Comments, p. 359-364Syse, Aslak, Equality and Accessibility: A Proactive Approach to Strengthen the Legal Status and Protection Against Discrimination of Persons with Disabilities, p. 367-384Taskinen, Tommi K.J., Some Thoughts on Proactive Counselling and Legal Mentality, p. 227-236Trzaskowski, Jan, Legal Risk Management in a Global, Electronic Marketplace, p. 319-338Weitzenböck, Emily M., Prevention is Better than Cure: Fostering the Growth of Dynamic Networked Organisations through the use of Proactive Legal Measures, p. 305-318Vikström, Mats, The Impact of IT on the Foundation for Businesses Daily Operation, p. 285-296Zimmer, Frederik, Tax Legislation between Politics and Legal (and Economic) Thinking, p. 385-392Law Libraries in Denmark, p. 427-433Law Libraries in Finland, p. 434-441Norwegian Law Libraries, p. 442-447Law Libraries in Sweden, p. 448-462
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  • Commercial Law
  • 2012
  • Samlingsverk (redaktörskap) (övrigt vetenskapligt)
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  • Company Law
  • 2003
  • Samlingsverk (redaktörskap) (övrigt vetenskapligt)abstract
    • This volume of Scandinavian Studies in Law (Sc.St.L.) addresses legal issues related to company law. The articles cover a number of different areas, especially those concerning limited liability companies. In addition, several problems relating to the interpretation of the European company law directives are analysed. Thus, both national and European perspectives are included. The Scandinavian countries have a long tradition of cooperation in the area of company law. Denmark, Finland and Sweden are members of the EU. Norway and Iceland are linked to the Union via the European Economic Area Agreement. As a consequence, all the Scandinavian countries have harmonized their legislation in accordance with the company law directives, which has brought important consequences for all these countries. Reflecting a broad spectrum of issues currently attracting interest in the Scandinavian countries, as well as in many other European countries which are in the process of adjusting their legislation to the EU standards, this volume of Sc.St.L. provides an important contribution to the international discussion.Table of Contents:Andersen, Krüger Paul, Corporate Governance in Denmark, p. 11-28Andersson, Jan, Model Business Corporation Act for Europe - The Alternative to Harmonisation by Directives, or?, p. 29-44Björgvinsdóttir, Áslaug, Icelandic Company Law, p. 45-66Bråthen, Tore, Consent Requirements for Share Acquisitions in Limited Liability Companies According to Norwegian Law, p. 67-88Clausen, Nis Jul and Sørensen, Engsig Karsten, The 2003 Proposal for a Directive on Takeover Bids - Impact on the Regulation in Scandinavia, p. 89-110Dotevall, Rolf, Choice-of-law Rules for International Cooperative Agreements, p. 111-118Fjørtoft,Tore Gjems-Onstad, Ole, Cooperative Law in Norway - Time for Codification?, p. 119-138Giertsen, Johan, Triangle Mergers: A Distinctive Norwegian Type of Transactions, p. 139-146Hansen, Friis Søren, The Free Movement of Companies, p. 147-172Hansen, Lau Jesper, The Mandatory Bid Rule: The Rise to Prominence of a Misconception, p. 173-192Hemström, Carl, Swedish Company Legislation over Six Decades - A Brief Outline, p. 193-202Johansson, Svante, Registration and Execution of Amendments of Articles of Association, p. 203-214Moberg, Krister, Auditors' Liability for Damages, p. 215-248Mohamed, Sideek, Legislative Initiative in the Field of Direct Taxation in the EC, p. 249-258Samuelsson, Per, Boards of Limited Companies: Internal Governance Structures, p. 259-278af Sandeberg, Catarina, Exemption of Liability - Where to Draw the Line, p. 279-292Skog, Rolf, The European Union's Proposed Takeover Directive: the "Breakthrough"Rule and the Swedish System of Dual Class Common Stock, p. 293-306Werlauff, Erik, The SE Company: A 'Federal' Company TypeAvailable from 8 October 2004, p. 307-326
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  • Constitutional Law : Constitutions
  • 2007
  • Samlingsverk (redaktörskap) (övrigt vetenskapligt)abstract
    • Constitutions make up the foundations of societies and from a historical point of view there is little doubt that constitutional law and its various manifestations has had a crucial impact on the development of modern society. At a more detailed level constitutions provide meta rules about how state mechanisms and rule-making processes in a given society are intended to function. In this respect constitutional law sets up authoritative frameworks for how the administration is build up, and ultimately determines the nature of the relationship between a state and its citizens. Consequently it is also fair to say that constitutions define important components of national identities. The publication of this volume is well timed. In the European sphere constitutional law is currently much debated, especially as a consequence of the European Union (EU) integration project and its accompanying demands for constitutional revisions and adoption of super governmental principles. The impact of the project is much discussed and the opinions vary. The process also has initiated referendums in several countries, and the recent failure to ratify the new Constitutional Treaty has prompted a renewed debate on the legitimacy of European integration. Simultaneously a number of events in which several constitutional principles appear to clash with religious and ethical concerns have been given much attention in the media. Several recent incidents have also stirred up debates concerning the limits of constitutional principles and the need for revisions. The Danish publication of Muhammad caricatures, frequent clashes between principles concerning freedom of the press versus privacy, minority rights, and the protection of religious freedom are just a few examples of this. In the first part of this 52nd volume of Scandinavian Studies of Law (Sc.St.L.) 17 articles on constitutional law are presented. The second part is a documentation of the second annual conference of the Swedish Institute for European Policy Studies (SIEPS) Why Europe? Possibilities and limits of European integration which was held in Stockholm 16 November 2006. The purpose of the conference was to provide scholarly perspectives on the sources of legitimacy, the democratic credentials and the constitutional alternatives for the EU. The contributions in this section are further elaborations of the speeches delivered at the conference. In addition, in order to provide a background to the discussions, this volume presents English versions of the Constitutions of Denmark, Finland, Iceland, Norway and Sweden.Table of Contents:Arajärvi, Pentti, The Finnish Perspective on the Last-Resort Support for Subsistence, p. 17-40Bergström, Maria, New Modes of Constitution Making: Towards Fewer and More Flexible Provisions?, p. 41-48Bernitz, Ulf, The European Constitutional Project and the Swedish Constitution, p. 49-64Bull, Thomas, Blowing in the Wind? Swedish Protection of Whistler-blowers in the Public Sector, p. 65-78Ekeli Skagen, Kristian, How Difficult Should it be to Amend Constitutional Laws? p. 79-102Follesdal, Andreas, Would the Constitutional Treaty Help Alleviate the Union's Legitimacy Crisis?, p. 371-382Follesdal, Andreas, Why International Human Rights Judicial Review might be Democratically Legitimate, p. 103-122Jensen Hansen, Michael, The Protection of Property Rights Under the Danish Constitution, p. 123-132Hautamäki, Veli-Pekka, Novel Rules in the Finnish Constitution - The Question of Applicability, p. 133-154Koch, Henning, Right of Resistance - A European Democratic Notion, p. 155-186Krunke, Helle, The Indirect Effect of the Treaty on a Constitution for Europe, p. 187-202Langdal, Fredrik and von Sydow, Göran, Democracy, Legitimacy and Constitutionalism, p. 351-370Moravcsik, Andrew, The European Union: Rhetoric and Reality, p. 383-392Nergelius, Joakim, New Tendencies in Modern Nordic Constitutional Doctrine or the Development of Nordic Constitutional Law: Introduction and General Background, p. 11-16Ojanen, Tuomas, EU Law and the Response of the Constitutional Law Committee of the Finnish Parliament, p. 203-226Olsen Palmer, Henrik, The Right to Freedom of Religion: a Critical Review, p. 227-254Rytter Elo, Jens, Constitutional Interpretation - Between Legalism and Law-Making, p. 255-272Sand, Inger-Johanne, From National Sovereignty to International and Global Cooperation: The Changing Context and Challenges of Constitutional Law in a Global Society, p. 273-298Shaw, Jo, One or Many Constitutions? The Constitutional Future of the European Union in the 2000s from a Legal Perspective, p. 393-408Viljanen, Jukka, The European Convention on Human Rights and the Transformation of the Finnish Fundamental Rights System, p. 299-320Zetterquist, Ola, A European Social Contract?, p. 321-348The Constitutional Act of Denmark, p. 411-422The Constitution of Finland, p. 423-448Constitution of the Republic of Iceland, p. 449-458The Constitution of the Kingdom of Norway, p. 459-474Sweden: The Instrument of Government, p. 475-500
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  • Intellectual Property
  • 2002
  • Samlingsverk (redaktörskap) (övrigt vetenskapligt)abstract
    • Intellectual property has become in recent years an issue which almost everyone has a conscious relation to, partly as a consequence of the digitalisation and the growth of the Internet. It is also obvious that an increasing number of social sectors are becoming affected by problems related to intellectual property, as the technical progress continues. Recent illustrations of this development are provided by the debate about the possibilities of protecting DNA sequences, the increasing awareness of the social impact of granting patents for various medical solutions, and the growing use of the Internet as a medium for transmitting music files. The legal framework covering these issues is multifaceted. It is also noticeable the field is constantly undergoing changes, as various interests are being articulated and challenged. Reflecting several of these aspects this issue of Sc.St.L. provides an overview of many of the issues currently debated in the international arena. The volume also contains a cumulative index for Volumes 1-41 of the series.Table of Contents:Bernitz, Ulf, The EC Directive on Comparative Advertising and its Implementation in the Nordic Countries: Especially in Relation to Intellectual Property, p. 11-29Bing, Jon, Intellectual Property Exclusive Access Rights and Some Policy Implications, p. 31-48Domeij, Bengt, Implied Technical Warranties in Patent Licenses, p. 49-64Hammarén, Anna, The Copyrightability of Stage Direction, p. 65-71Karnell, Gunnar W.G., European Originality: A Copyright Chimera, p. 73-82Levin, Marianne, Intellectual Property Rights in Transition: Legal Structures and Concepts in Adaptation to Technological Challenges Towards an Intellectual Property System for the 21st Century: A Nordic-European Research Programme, p. 83-95Nordell, Per Jonas, The Notion of Originality - Redundant or not?, p. 97-111Oesch, Rainer, Copyright Liability and the Internet from the Finnish Law Point of View, p. 113-125Pisuke, Heiki, Building a National Intellectual Property Protection System: Some Issues Concerning Copyright and Related Rights in Estonia, p. 127-145Rosén, Jan, Server Copyright Liability - Notes on the Swedish Act on Liability for Intermediaries and two Recent Decisions of the Swedish Supreme Court, p. 147-163Rosén, Jan, Administrative Institutions in Copyright: Notes on the Nordic Countries, p. 165-176Sandgren, Claes, Interpretation of Patent Claims, p. 177-190Seipel, Peter, Copyright, Information Technology, and the Edifice of Knowledge, p. 191-215Strömholm, Stig, Droit Moral - The International and Comparative Scene from a Scandinavian Viewpoint, p. 217-253Wahlgren, Peter, Cumulative Index Volumes 1-41, p. 293-336Westerlund, Li, Biotech Patents: Grant Requirements and Scope of Protection, p. 255-289
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  • International Aspects
  • 2000
  • Samlingsverk (redaktörskap) (övrigt vetenskapligt)abstract
    • This volume presents 23 articles on International Law. The book is divided into three sections, European Law, Comparative Studies, and Extraterritorial Problems. Since 1995, not only Denmark but also Finland and Sweden have become members of the EU. Iceland and Norway are related to the community law via the EEA Agreement, creating the European Economic Area. From this it naturally follows that the reception of European law and the interaction between European law and national law are topics of particular relevance to Scandinavian law at the present time. As a result of the Nordic participation in the EU and the general trend towards greater international cooperation there is clearly also a growing demand outside Scandinavia for information about Scandinavian law, legal thought and tradition. For comparative legal studies Scandinavian law has much to offer, and the editors hope that this volume will be an easily accessible source abridging the language barrier.Table of Contents:Bernitz, Ulf, Swedish Standard Contracts Law and the EC Dirctive on Contract Terms, p. 13-27Bernitz, Ulf, Nordic Legislative Cooperation in the New Europe-A Challenge for the Nordic Countries in the EU Perspective, p. 39 29-42Bernitz, Ulf, Retroactive Legislation in a European Perspective-On the Importance of General Principles of Law, p. 43-58Blomstrand, Severin, Nordic Co-operation on Legislation in the Field of Private Law, p. 59-77Bloth, Christian, Aspects of Scandinavian and German Product Liability - A Comparison, p. 231-274Bring, Ove, Arms Control and International Environmental Law, p. 397-417Eng, Svein, The Doctrine of Precedent in English and Norwegian Law-Some Common and Specific Features, p. 275-324Fisher, David I., Injury to Rights of Personality Caused by Satellite Programme Contents: Prospects of Relief under the Law of Outer Space, p. 419-430Hallström, Pär, The European Union – From Reciprocity to Loyalty, p. 79-88Honka, Hannu, EC Competition Law on Multimodal Transport – Recent Development, p. 89-109Lindblom, Per Henrik, The Role of the Supreme Courts in Scandinavia, p. 325-366Lookofsky, Joseph, The Harmonization of Private and Commercial Law: “Towards a European Civil Code”, p. 111-121Mahmoudi, Said, Protection of the European Environment after the Amsterdam Treaty, p. 123-137Nielsen, Poul Runge, The Community Directive on Investment Services: The Controversy on Mutual Recognition and Home Country Control, p. 139-183Ramberg, Jan, The Law and Practice of International Commercial Contracts in the 2000s, p. 431-437Saldeen, Åke, Some Reflections on Children’s Rights in a European Perspective, p. 185-206Sundberg, Jacob, Comparative Law and The Swedish Model, p. 367-386Sundberg, Jacob, Airline Deregulation: Legal and Administrative Problems, p. 439-479Thormundsson, Jonatan, The Sources of International Criminal Law with Reference to the Human Rights Principles of Domestic Criminal Law, p. 387-393Thuesen, Elisabeth, EU Regulation on Product Exchange and Promotion of Cultural Exchange in Europe, p. 207-217Tiberg, Hugo, Why Cover the Wreck of a Sunken Ship?, p. 481-490Westerhäll, Lotta, Free Movement and Social Security in an Integration Perspective, p. 219-228Wrange, Pål, The American and British Bombings of Iraq and International Law, p. 491-514
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