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Loving It To Pieces: Eu Law In Us Legal Academia, Revisited, Daniela Caruso
Loving It To Pieces: Eu Law In Us Legal Academia, Revisited, Daniela Caruso
Faculty Scholarship
The Editors of the Special Issue have kindly invited me to update earlier reflections on the state of EU law in US legal academia. For a variety of reasons, it is important to me not to mislead the reader with the false promise of some kind of summa. What follows is my own perception of a complicated landscape, which I shall sketch lightly here in the hop of prompting other scholars of EU Law to report on their own US experience.
Intermediaries And Private Speech Regulation: A Transatlantic Dialogue - Workshop Report, Tiffany Li
Intermediaries And Private Speech Regulation: A Transatlantic Dialogue - Workshop Report, Tiffany Li
Faculty Scholarship
The Wikimedia/Yale Law School Initiative on Intermediaries and Information (WIII) at Yale Law School has released a comprehensive report synthesizing key insights from intermediary liability and online speech and expression experts in Europe and the United States.
The report focuses on the critical but complicated issue of private speech regulation on the internet and the connections between platform liability laws and fundamental rights, including free expression. The report reflects discussions held at “Intermediaries & Private Speech Regulation: A Transatlantic Dialogue,” an invitation-only workshop convened by WIII, featuring leading internet law experts from the United States and Europe.
This report highlights …
Legal Scholarship And External Critique In Eu Law, Daniela Caruso, Fernanda Nicola
Legal Scholarship And External Critique In Eu Law, Daniela Caruso, Fernanda Nicola
Faculty Scholarship
The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to …
Trade And History: The Case Of Eu-Algeria Relations, Daniela Caruso, Joanna Geneve
Trade And History: The Case Of Eu-Algeria Relations, Daniela Caruso, Joanna Geneve
Faculty Scholarship
The recent centennial of Albert Camus’s birth has had little resonance in EU legal scholarship. Yet Camus’s work is a natural entry point into the EU’s trade relations with the global south, and Algeria’s case is a particularly salient one, given the oft-ignored fact that for five years the Algerian nation was a part of the European Economic Community. The onset of a free trade regime between the EU and the former colonies or territories of its member states is often touted as the culminating point in a line of constant progress, from dependency to autonomy and from asymmetry to …
Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai
Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai
Faculty Scholarship
This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …
Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova
Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova
Faculty Scholarship
Recent estimates of the level of VAT fraud in the EU are commensurate with the EU budget. With the Green paper on the future of VAT, the European Commission stressed the urgency and necessity of comprehensive VAT reforms. This paper analyses the business and legal implications of the recently proposed split-payment mechanism, which, if implemented, would move VAT’s method of collection to real-time. The discussion is positioned in the context of two increasingly visible trends in the EU – the general shift towards greater reliance on indirect taxation and the growing popularity of electronic payment instruments. The potential implementation of …
Private Law And State-Making In The Age Of Globalization, Daniela Caruso
Private Law And State-Making In The Age Of Globalization, Daniela Caruso
Faculty Scholarship
The rise of post-national entities, such as the institutions of the European Union and of free-trade regimes, bears no obvious relation to the traditional pillars of western private law (mostly contracts, torts, and property doctrines). The claim of this article is that the global diffusion of private law discourse contributes significantly to the emergence of new centers of authority in the global arena. The article tests the impact of private law arguments in three contexts - the growing legitimacy of regional human rights adjudication, the consolidation of the institutions of the European Union, and the higher binding force of international …
Limits Of The Classic Method: Positive Action In The European Union After The New Equality Directives, Daniela Caruso
Limits Of The Classic Method: Positive Action In The European Union After The New Equality Directives, Daniela Caruso
Faculty Scholarship
The European Union's member states are currently implementing two new directives, prohibiting discrimination on such grounds as race, ethnicity and religion. Both directives allow for positive action - a European version of affirmative action confined to "soft," non-quota measures arguably reconcilable with the canon of individual equality. Based on time-honored EC provisions on gender discrimination, the European Court of Justice has already scrutinized, and occasionally prohibited as in breach of EC individual rights, states' positive action in favor of women. The Court is now likely to extend the same mode of scrutiny to the forms of discrimination contemplated by the …
Commentary On Economic And Ethical Reasons For Protecting Data, Wendy J. Gordon
Commentary On Economic And Ethical Reasons For Protecting Data, Wendy J. Gordon
Faculty Scholarship
Like Jane Ginsburg, I would like to drop back a bit, to talk about more general principles. Essentially, both of our primary speakers focused on a distinction between property and non-property modes of protecting data. I would like to highlight the economic and ethical reasons for maintaining that distinction.
The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz
The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz
Faculty Scholarship
On July 1, 1997, the Federal Trade Commission (FTC) closed its investigation of the merger of the Boeing Company (Boeing) and the McDonnell Douglas Corporation (McDonnell Douglas), essentially approving the merger. The proposed $14 billion merger was quite significant, as it would unite the first and third largest civil aircraft companies in the world. Although the proposed merger had passed muster under U.S. antitrust laws, Boeing still faced the obstacle of gaining approval from the European Commission (EC), the antitrust enforcement agency of the European Union (EU). The EC initially sought to reject the merger and to levy heavy penalties …