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The De Minimis ‘Defense’ to Criminal Liability *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0015
Subject:
Law, Philosophy of Law

This chapter examines the de minimis plea: the allegation that the wrongfulness of the defendant's criminal conduct is too trivial to justify the imposition of penal liability and punishment. It ... More


The De Minimis ‘Defence’ to Criminal Liability

Douglas Husak

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0015
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter examines a de minimis ‘defence’ to criminal liability. The aim is to establish that careful thought about de minimis helps to shed light on such central and fundamental topics as ... More


Between Negative and Positive Scope? The Principles of De Minimis and Remoteness

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter discusses the principles of remoteness and de minimis, arguing that these sit somewhere between what-based exclusions (negative scope) and the elements that do make up a Treaty-relevant ... More


Accommodation in Practice

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0017
Subject:
Business and Management, HRM / IR

This chapter examines how the general principles underlying an employer's duty to reasonably accommodate the religious observances and practices of its employees are applied on a daily basis by the ... More


Support of Small and Medium-Sized Enterprises under European State Aid Law

Ilan Sherr, Katrien Miclotte, and Rebecca Fawcett-Feuillette

in Small and Medium-Sized Enterprises in International Economic Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198795650
eISBN:
9780191836961
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795650.003.0009
Subject:
Law, Public International Law

Small and medium-sized enterprises (SMEs) play a crucial role in the economic development strategy of the European Union. However, while SMEs are important for job creation and economic development, ... More


General Principles of Accommodation

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0016
Subject:
Business and Management, HRM / IR

This chapter examines the general principles that underlie an employer's duty to reasonably accommodate the religious beliefs and practices of its employees. Title VII originally did not provide for ... More


Article 107 TFEU

Tim Maxian Rusche

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.203
Subject:
Law, EU Law

Article 87 EC Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by ... More


Article 93 TFEU

Tim Maxian Rusche

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.185
Subject:
Law, EU Law

Article 73 EC Aids shall be compatible with the Treaties if they meet the needs of coordination of transport or if they represent reimbursement for the discharge of certain obligations inherent in ... More


Article 106 TFEU

Manuel Kellerbauer and Tim Maxian Rusche

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.201
Subject:
Law, EU Law

Article 86 EC In the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure ... More


Chapter 3 Prohibition of Quantitative Restrictions between Member States

Marcus Klamert, Maria Moustakali, and Jonathan Tomkin

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.112
Subject:
Law, EU Law

Chapter 3 of the Title on the free movement of goods is devoted to the prohibition of quantitative restrictions and measures having equivalent effect. The provisions prohibiting quantitative ... More


Applying the Re Hastings-Bass Rule

Michael Ashdown

in Trustee Decision Making

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727316
eISBN:
9780191927546
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198727316.003.0005
Subject:
Law, Trusts

The Supreme Court’s decision in Pitt v Holt has brought welcome clarity to the Re Hastings-Bass rule, by endorsing the Court of Appeal’s reformulation of the rule as based on flawed decision making ... More


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