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Articles 1 - 7 of 7
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European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle
European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle
Eric A. Engle
The article outlines instances where the U.S. Supreme Court has considered E.U. laws (and foreign law, generally) in its decision making process to explain how and when foreign law may be succesfully invoked by litigants.
Universal Human Rights: A Generational History, Eric A. Engle
Universal Human Rights: A Generational History, Eric A. Engle
Eric A. Engle
The article outlines the generational theory of human rights evolving from first generation procedural individual freedoms from through second generation collective rights to into third generational aspirational goals. That model is generally true but womens rights and rights of non-white persons do not perfectly fit into that model being approximately one or even two generations delayed.
The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle
The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle
Eric A. Engle
The article outlines European Union company law -- the SE, insider trading, taxation and related regulations and directives of the European Union and notes the parallels between U.S. and E.U. insider trading law - E.U. insider trading law has been clearly formed by U.S. law and does parallel it.
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Eric A. Engle
Examines the extraterritorial application of U.S. criminal law in the context of corporations.
Alien Torts In Europe? Human Rights And Tort In European Law, Eric A. Engle
Alien Torts In Europe? Human Rights And Tort In European Law, Eric A. Engle
Eric A. Engle
Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It concludes that the laws examined are examples of universal jurisdiction and rights and duties of private persons under international law, which are two key elements of the post-Westphalian state system.
Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle
Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle
Eric A. Engle
Alvarez Machain was wrongly decided because the Supreme Court rejects natural law arguments out of hand. Natural law and positive law are not dichotomous. They are complementary. The Supreme Court will eventually be forced to review all cases rejecting arguments due to a rejection of natural law.
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
Eric A. Engle
Analyzes whether U.S. exception to copyright for fair use of materials is consistent with WTO TRIPS. Concludes it is based on economic argument.