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Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
LLM Theses and Essays
The American Right of Publicity has been developed and applied differently in the states of the U.S. for several decades and still several questions remain regarding the nature of the right. In Europe, many countries seem to follow the American development or have a similar right protecting the commercial value of a person’s identity emerging in their legal system. With the constant globalization and increase in interaction of the sports and entertainment markets in the world, harmonization of the different rules protecting this commercial interest in a persona is necessary to grant sufficient protection. This work is a comparative study …
Reform Of Public Company Disclosure In Europa, Roberta S. Karmel
Reform Of Public Company Disclosure In Europa, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Peace In Unity: 19th Century Irenic Motivations In European Unification, Robert Taft Keele
Peace In Unity: 19th Century Irenic Motivations In European Unification, Robert Taft Keele
Undergraduate Honors Theses
The Hauptargumenten of politicians and citizens concerning the advantages and disadvantages of the EU are almost exclusively economic or political in nature: lower tariffs; loss of monetary instruments; immigration; disenfranchisement; etc. The object of my thesis is to remind everyone, amid the flurry of speculation and uncertainty prevalent in Europe since the French rejection of the EU constitution, that a major benefit of the European integration is peace, on a continent that has been ravaged by war for centuries. I prove that the establishment of peace was a major element in European unification by confirming links between peace movements and …
Reform Of Public Company Disclosure In Europe, Roberta S. Karmel
Reform Of Public Company Disclosure In Europe, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Minority Rights In Europe, D. Christopher Decker
Minority Rights In Europe, D. Christopher Decker
Buffalo Human Rights Law Review
Book review of Patrick Thornberry & María Amor Martín Estébanez's Minority Rights in Europe
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
LLM Theses and Essays
This thesis is a study of the drafting process for the Hague Convention on Jurisdiction and Judgments. It will be demonstrated why the original goal of a broad treaty was given up in favor of a draft convention that only applies in international cases to exclusive choice of court agreements concluded in civil and commercial matters in the business-to-business setting. The reader will get an understanding of how the participating nations and interest groups influenced the negotiations and modified the outcome of the discussions. Special consideration was given to the matters of intellectual property and e-commerce, which were nearly completely …
Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart
Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart
LLM Theses and Essays
The European Union is currently an economic union, which means that it has almost removed every internal barrier to trade, therefore achieving the free circulation of all factors of production (goods, services, capital, and persons) across the union. The North America Free Trade Agreement (“NAFTA”) establishes a free trade area, with the main purpose of eliminating tariffs among its members, and to some extent, reducing other non-tariff barriers to facilitate the cross-border movement of goods. Despite their differences, both regions seek to achieve certain degree of free movement when trading goods within their respective internal markets. This study will analyze …
Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo
Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia
The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia
Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Back To Government? Reregulating British Railways, Peter Leyland
Back To Government? Reregulating British Railways, Peter Leyland
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans
Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Pluralistic Deficit And Direct Claims To European Constitutional Courts, Serena Baldin
Pluralistic Deficit And Direct Claims To European Constitutional Courts, Serena Baldin
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
The Functional Representation Of The Individual's Interests Before The Ec Courts: The Evolution Of The Remedies System And The Pluralistic Deficit In The Ec, Luigi Mmalferrari
The Functional Representation Of The Individual's Interests Before The Ec Courts: The Evolution Of The Remedies System And The Pluralistic Deficit In The Ec, Luigi Mmalferrari
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin
"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin
Indiana Journal of Global Legal Studies
No abstract provided.
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
Indiana Journal of Global Legal Studies
No abstract provided.
Lochner In Europe: A Comment On Keith Whittington's Congress Before The Lochner Court Symposium: Lochner Centennial Conference, Daniela Caruso
Lochner In Europe: A Comment On Keith Whittington's Congress Before The Lochner Court Symposium: Lochner Centennial Conference, Daniela Caruso
Faculty Scholarship
In 1904, St. Louis, Missouri was the place to go. In conjunction with its spectacular world's fair, the city also hosted the Universal Congress of Lawyers and Jurists, known in academic circles as the foundational event of American comparative law.1 Within a big screen entirely devoted to the Lochner2 centennial, this comment aims at opening a window on another centennial - the hundredth anniversary of comparative law in the United States.Though inspired by the Universal Congress, this comment does not partake in the celebratory spirit of anniversaries.3 Far from espousing a romanticized or universalist conception of comparative law, these pages …
The European Pasteurization Of French Law, Mitchel De S.-O.-L'E. Lasser
The European Pasteurization Of French Law, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
In a series of stunning decisions handed down in the last few years, the European Court of Human Rights (ECHR) has condemned the decisionmaking procedures traditionally used by the French Supreme Courts (i.e., the Cour de cassation and the Conseil d'Etat). This Article traces and critiques this developing “fair trial” jurisprudence, which has also resulted in the condemnation of the supreme courts of Belgium, Portugal, and the Netherlands, whose decisionmaking procedures were all patterned on the French civil law model. Finally, the Article examines the dramatic and schismatic French responses that have ensued.
This Article offers a case study at …
International Income Allocation In The Twenty-First Century: The Case For Formulary Apportionment, Walter Hellerstein
International Income Allocation In The Twenty-First Century: The Case For Formulary Apportionment, Walter Hellerstein
Scholarly Works
From an international perspective, formulary apportionment has traditionally been viewed as little more than transfer pricing’s “poor relation” as a division-of-income methodology. It receives only grudging recognition as a method of attributing the profits to a permanent establishment under Article 7 of the OECD Model Tax Convention; it receives no mention at all in Article 9 as a method for distributing the profits of associated enterprises among the contracting states in which they conduct their activities; and it was assailed by the international business community and by the EU Member States as out of step with internationally excepted norms in …
The Globalization Era And The Conflict Of Laws: What Europe Could Learn From The United States And Vice Versa, Milena Sterio
The Globalization Era And The Conflict Of Laws: What Europe Could Learn From The United States And Vice Versa, Milena Sterio
Law Faculty Articles and Essays
Europe has been under the increasing influence of European Union (E.U.) lawmakers, who have undertaken a harmonization movement attempting to somewhat unify member states' laws. The conflict of laws area has not escaped the harmonization movement and will become increasingly subject to Brussels's regulations and directives. Thus, traditional bilateral rules will have to adapt themselves in light of the new political reality in Europe.
Second, the conflicts field in general, be it in Europe or in the U.S., has been transformed under today's globalization trend. In other words, with the rise of international commerce, traditional private law conflicts are being …
The Evolution Of A European Competition Law Network, David J. Gerber
The Evolution Of A European Competition Law Network, David J. Gerber
All Faculty Scholarship
No abstract provided.
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, 26 Mich. J. Int'l L. 619 (2005), Jason Kilborn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Balancing Security And Human Rights: Post 9/11 Reactions In United States And Europe, Chiara Giorgetti
Balancing Security And Human Rights: Post 9/11 Reactions In United States And Europe, Chiara Giorgetti
Law Faculty Publications
The acts of 11 September 2001 demonstrated how vulnerable civilians are; in any part of the world, to terrorist attacks. This awareness led to a determined response by the international community to fight international terrorism iri all its forms. As governments and international organizations alike reevaluated the effectiveness and appropriateness of their counter-terrorist measures, the challenge emerged of conducting the fight against terrorism while respecting human rights and civil liberties. In fact, the wide consensus that actions are necessary to confront terrorism does not undermine the necessity to balance human rights considerations and preserve the democratic process.
As portrayed throughout …
Free Trade And Illegal Drugs: Will Nafta Transform The United States Into The Netherlands?, Taylor W. French
Free Trade And Illegal Drugs: Will Nafta Transform The United States Into The Netherlands?, Taylor W. French
Vanderbilt Journal of Transnational Law
In the postwar era, the United States typically has taken an approach to dealing with illegal drugs different from Europe. Americans have favored prohibitionist measures to combat drug use, while Europeans have gradually relaxed many of their illicit substance laws. Recently, however, there has been a growing movement within the United States to decriminalize and legalize marijuana. Numerous states have already reformed their laws to allow doctors to prescribe marijuana to patients. Moreover, many states are dramatically decriminalizing personal use of cannabis.
A review of postwar Europe's experience with drugs provides a useful paradigm to explain the U.S.'s shifting attitude. …
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Human Rights & Human Welfare
Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.
The European View Of American Justice, Allen E. Shoenberger
The European View Of American Justice, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
Messages From Strasbourg: Lessons For American Courts From The Highest Volume Human Rights Court In The World - The European Court Of Human Rights, Allen E. Shoenberger
Messages From Strasbourg: Lessons For American Courts From The Highest Volume Human Rights Court In The World - The European Court Of Human Rights, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
Structure Of Regulatory Competition In European Corporate Law, The , Martin Gelter
Structure Of Regulatory Competition In European Corporate Law, The , Martin Gelter
Faculty Scholarship
In its opinions in the cases Centros, Uberseering and Inspire Art, the ECJ has begun to open European corporate law for regulaton of competition, as it has been discussed in the US for several ldecades. This article analyses the stuictual conditions of competition on the supply and demand sides of the market for corporate law, and the impact of supranational influence. In doing so, it identifies several factors that have received little attention in the incipient European debate. The supply-side analysis shows that a European Delaware is implausible because of the interdependence of competitive advantages and the incentives to compete. …
Cured Meat And Idaho Potatoes: A Comparative Analysis Of European And American Protection And Enforcement Of Geographic Indications Of Foodstuffs, Lilian V. Faulhaber
Cured Meat And Idaho Potatoes: A Comparative Analysis Of European And American Protection And Enforcement Of Geographic Indications Of Foodstuffs, Lilian V. Faulhaber
Georgetown Law Faculty Publications and Other Works
Geographic indications, as defined by the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS Agreement"), are "indications which identify a good as originating in the territory of a member or region or locality in that territory where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."
While the general concept of protecting geographically-significant products from competition has existed for centuries, the protection provided to geographic indications varies significantly, both between countries and according to the product being protected.
Since the protection of foodstuffs in both Europe and America is a less …
European Governance: Executive And Administrative Powers Under The New Constitutional Settlement, Paul Craig
European Governance: Executive And Administrative Powers Under The New Constitutional Settlement, Paul Craig
Articles by Maurer Faculty
No abstract provided.