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"ABUSE OF POWER"
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The Concept of Abuse in EU Competition Law
The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
eBook
Illicit Sex Within the Justice System
This monograph explains the deviance of illicit sexual immorality in the justice system. It includes extensive research of federal, state, and local scandals occurring in Washington DC, Louisiana, Georgia, Florida, Texas, and other locations in the USA, to demonstrate the impacts of decaying morals on contemporary society and constitutional law. It explains that sexually immoral oligarchies may dilute or forfeit their authority and ability to chide and fastidiously control sexual choices and activities. The text brings to light sexual abuse and indiscretions by justice system members and compares their misconduct to American prison culture to prove systemic breakdown, dissipation of authority, and dwindling power to enforce morality laws.
eBook
When they come for you : how police and government are trampling our liberties--and how to take them back
\"A revealing book about how government, law enforcement, and bureaucratic interests are seizing our property, our children, our savings, and our fundamental American rights-and how to fight back. Liberty and justice for all is the bedrock of American democracy, but has America betrayed our founders' vision for the nation? In When They Come For You, New York Times bestselling author David Kirby exposes federal, state, and local violations of basic constitutional rights that should trouble every American, whether liberal, conservative, or libertarian. Free speech, privacy, protection from unreasonable search and seizure, due process, and equal protection under the law are rights that belong to every American citizen, but are being shredded at an alarming rate all across the country. Police and prosecutorial misconduct, overzealous bureaucrats with virtually unchecked power, unwarranted searches, SWAT-style raids on the homes of innocent Americans, crackdowns on a free press and the right to protest, removing children from their parents without cause, \"debtors prisons,\" restricting freedom of health choice, seizing private assets for government profit, and much more demonstrate how deeply our rights and our national values are eroding. When They Come For You uses true stories of everyday citizens to reveal how our federal, state, and municipal governments, police, lawmakers, judges, revenue agents, unelected power brokers, and even government social workers are eviscerating our most fundamental liberties. And, it shows how people are fighting back-and winning\"-- Provided by publisher.
Book
The dangers of dissent : the FBI and civil liberties since 1965
While most studies of the FBI focus on the long tenure of Director J. Edgar Hoover (1924-1972), The Dangers of Dissent shifts the ground to the recent past. The book examines FBI practices in the domestic security field through the prism of \"political policing.\" The monitoring of dissent is exposed, as are the Bureau's controversial \"counterintelligence\" operations designed to disrupt political activity. This book reveals that attacks on civil liberties focus on a wide range of domestic critics on both the Left and the Right. This book traces the evolution of FBI spying from 1965 to the present through the eyes of those under investigation, as well as through numerous FBI documents, never used before in scholarly writing, that were recently declassified using the Freedom of Information Act or released during litigation (Greenberg v. FBI). Ivan Greenberg considers the diverse ways that government spying has crossed the line between legal intelligence-gathering to criminal action. While a number of studies focus on government policies under George W. Bush's \"War on Terror,\" Greenberg is one of the few to situate the primary role of the FBI as it shaped and was reshaped by the historical context of the new American Surveillance Society.
eBook
The Clash of Powers in Poland’s Rule of Law Crisis: Tools of Attack and Self-Defense
Many people must be wondering how it is possible that Poland, not so long ago hailed for its exemplary transition from a communist dictatorship to a liberal democracy, could have so swiftly descended into authoritarianism via a crisis in the rule of law. The majority of commentators point to the size and ferocity of the attack on those mechanisms meant to safeguard the rule of law, whereas few focus on the weakness of their defence. This article attempts to redress that imbalance. The crucial facts of the Polish crisis are first presented, and the nature of both the attacks on the rule of law in Poland and the measures taken in its defence are then presented. In describing their defence, this article not only draws on Nicholas Barber’s concept of the self-defence of institutions, but attempts to improve upon it in the light of the Polish crisis. Further in the article, I argue that one of the reasons for the success of the assault on the rule of law is the formalistic legal mindset that is prevalent among Polish lawyers. This mindset is characterized by a reductionism of the interpretative premises to be applied when deciding constitutional cases. This reductionism is conspicuous in the application of bright-line rules with no consideration of general constitutional principles. I argue that the development of a robust, non-formalistic methodology of legal decision-making is a prerequisite for a successful defence of the rule of law.
Journal Article
Securities against misrule : juries, assemblies, elections
\"This book proposes a normative theory of collective decision making, inspired by Jeremy Bentham but not including his utilitarian philosophy. The central proposal is that in designing democratic institutions one should reduce as much as possible the impact of self-interest, passion, prejudice, and bias on the decision makers, and then let the chips fall where they may. There is no independently defined good outcome that institutions can track, nor is there any way of reliably selecting good decision makers. In addition to a long initial chapter that surveys theories of collective decision making, notably social-choice theory, and a chapter expounding and discussing Bentham,مWs views, historical chapters on the jury, constituent assemblies, and electoral systems develop and illustrate the main ideas. This work draws on a welter of case studies and historical episodes, from Thucydides and Plutarch to the present. It is also grounded in psychology, behavioral economics, and law\"-- Provided by publisher.
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