LAW 534 Lecture Notes - Lecture 2: Prior Restraint, Absolute Liability, Halfway House
2 Feb 2015
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Advantages: uses a rational principled approach towards an issue in advance, educate the public and regulate in advance. Advantages: efficient- only reviews films that result in complaints and laying of charges. Two principles to balancing exante & exposte (2-2. 3: focus on prevention of harm and the serving of human needs in the order of their priority. Therefore exante would be necessary to human safety, telecommunication would probably be an expost regulation. Author believes that exante and expost should be addressed depending on the type of harm (catastrophic should be ante: offer multiple models that reflect the different needs and interest within both the. Author belives exante and expost are mutually exclusive impossible to happen at the same time. Advantages: very specific therefore easy to enforce bright line test . Advantages: more likely to catch unforeseen conduct, required for an environment that requires max flexibility.
