Doctrine of equivalents

Dassonville the classic definition of MEEs is that “all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions” . The manifest feature of the Dassonville formula is the great breadth of interpretation of MEEs. The Dassonville formula not only refuses to apply a demininis rule but also does not require an appreciable…

logic of the government’s argument that the jury instruction constituted plain error. For Petitioner, if the error was so egregious, the government should have objected at trial. Indeed, in other contexts, appellate courts applied the plain error doctrine to legal questions that were contested at the underlying trial, not in situations where there was no objection, and therefore no dispute, between the parties. In support of this argument, Petitioner analogized to the Court’s precedent in the…

of the soul. Celsus created an uproar, which warranted a response from Origen and his work was also used in several other attacks against Christians, including Galen’s. Chi-Rho: Two Greek characters that begin the word Christos, whose English equivalent is Christ. This symbol came to prominence through Constantine, in 312, for he had a vision in which was declared “through this sign you shall conquer.” Shortly after this vision he won the battle and according to legend the Chi-Rho symbol was…

Introduction In Exodus 34, when YHWH reveals His name to Moses, He stresses that while He is “merciful and gracious,” He also, “Will by no means clear the guilty” (Ex. 34: 6-7, ESV). The mercy of God and the justice of God are both vital to God’s essence. If God loves righteousness and hates wickedness (Ps. 45:7), how, can God justify wicked humans? What does “justify” mean? What must happen for justification to occur? What do humans do to receive justification? What are the benefits of…

During 1683-1908, both the Ottoman and Russian empires dealt with internal and external challenges that affected their methods of ruling their empires. Three similarities they both encountered was they both faced Westernization and constitutional challenges directly, they both had many members of the rising education urban middle school class deserted constitutional nationalism and lastly, they were both able to attain the Western industrial challenge. While experiencing these internal and…

this case, several important legal principles of the international commercial arbitration had been discussed. First of all, an arbitration agreement is considered separately from the main contract, although it is a part the contract. An additional doctrine arisen from this case is that even if there is no written copy form of consent provided to another party, the assignment of contract is valid. Finally, regarding to English public policy, a contract procured by bribery can still be…

Subsequently, as stated in the last resort principle, reasonable alternatives and non-military means, such as political diplomacy, negotiations, economic sanctions, and legal adjudication, ought to be pursued and exhausted prior to resorting to military intervention (Brough, Lango & Linden 2007, p. 245; Higgins 2012). Minimally, States ought to employ reliable measures necessary to protect their citizens from any forms of aggression, as human rights is a pivotal factor in the conditions in…

For Christians to provide sacrifices to the pagan gods would be to succumb to the practice of idolatry. The Christians were steadfast towards their beliefs and refused to denounce their actions. They lived by doctrine, which stated that it was better to obey God than to fall to the whims of man . Martyrdom was the only option for their deviance, as it was the only means of professing their faith, ultimately showing the pagans that they were willing to die for…

The Renaissance is considered "the rebirth" or the early modern period, which was an era in European history immediately following the Middle Ages. Generally, the Renaissance spanned from the 14th to the 16th centuries, spreading across Europe from its birthplace in Italy. It is often considered a time of enlightenment: where the world became a new place, and many new improved ideas and beliefs formed. During this time, scholars began to look to the ideals of the ancient philosophers of the…

with me. I can remember having such an up-lifting spiritual experience reflecting on the inclusiveness of the service. The Bahá'í faith is a monotheistic religion with three core principles that establishes the basis for Bahá'í teachings and doctrine: the unity of God, that there is only one God who is the source of all creation; the unity of religion, that all major religions have the same spiritual source and come from the same God; and the unity of humanity, that all humans have been…