Law Commons^™

The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand

Articles

This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …

Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

No Longer A Privileged Few: Expense Claims, Prosecution And Parliamentary Privilege, Yvonne Tew

Georgetown Law Faculty Publications and Other Works

THE publication of the expenses claims of Members of Parliament by the Daily Telegraph in 2009 revealed false claims made by MPs for costs incurred in the performance of their Parliamentary duties. David Chaytor, James Devine, and Elliot Morley, three MPs, were subsequently charged with false accounting, under section 17(l)(b) of the Theft Act 1968, for claiming non-existent expenses. The MPs argued that the criminal courts did not have jurisdiction to try their cases because they were protected by parliamentary privilege. This contention was rejected in the Crown Court and the Court of Appeal. The Lord Chief Justice, giving judgment …

Inside-Out Corporate Governance, David A. Skeel Jr., Vijit Chahar, Alexander Clark, Mia Howard, Bijun Huang, Federico Lasconi, A.G. Leventhal, Matthew Makover, Randi Milgrim, David Payne, Romy Rahme, Nikki Sachdeva, Zachary Scott

All Faculty Scholarship

Until late in the twentieth century, internal corporate governance—that is, decision making by the principal constituencies of the firm—was clearly distinct from outside oversight by regulators, auditors and credit rating agencies, and markets. With the 1980s takeover wave and hedge funds’ and equity funds’ more recent involvement in corporate governance, the distinction between inside and outside governance has eroded. The tools of inside governance are now routinely employed by governance outsiders, intertwining the two traditional modes of governance. We argue in this Article that the shift has created a new governance paradigm, which we call inside-out corporate governance.

Using the …

How Much Is Too Much? Copyright Protection Of Short Portions Of Text In The United States And European Union After Infopaq International A/S V. Danske Dagblades, Connor Moran

Washington Journal of Law, Technology & Arts

The recent case Infopaq International A/S v. Danske Dagblades Forening decided by the Court of Justice for the European Union could influence businesses that summarize or aggregate content. Under this ruling, excerpts of copy-righted material unproblematic in the United States could invite liability if reproduced in European Union member states. In the United States, copying words or phrases only infringes a copyright where those words or phrases are particularly unique or core to the original work. By contrast, the European Union Information Society Directive provides an exclusive right to even partial reproductions. In the Infopaq case, the European Court of …

"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg

Faculty Scholarship

The "Wittem Group" of copyright scholars has proposed a "European Copyright Code," to "serve as an important reference tool for future legislatures at the European and national levels." Because, notwithstanding twenty years of Directives and a growing ECJ caselaw, copyright law in EU Member States continues to lack uniformity, the Wittem Group’s endeavor should be welcomed, at least as a starting point for reflection on the desirable design of an EU copyright regime. Whether or not the proposed Code succeeds in influencing national or Community legislation, it does offer an occasion to consider the nature of the rights that copyright …

Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann

Faculty Scholarship

European Union ("EU" or "Union") law and the law of international arbitration have traditionally occupied largely separate worlds, as if arbitral tribunals would rarely be the fora for the resolution of EU law claims and as if EU law, in turn, had little concern with arbitration. For several reasons, this pattern has recently been altered, although the relationship between EU law and international arbitration law is at present anything but settled. From the present perspective, the past looks like an age of innocence, for as these two worlds have begun to intersect, they have not done so entirely harmoniously.

Part …

Swedish National Implementation Of The Sustainability Criteria For Transport Biofuels From Directive 2008/29/Ec; Questionnaire, Evgenia Pavlovskaia

Evgenia Pavlovskaia

This paper contains a preliminary list of questions about the Swedish national implementation of the EU sustainability criteria for transport biofuels from Directive 2008/29/EC. This questions have been used as a background for informal conversations with people who have been engaged in the implemention of the EU sustainability criteria at the Swedish national level.

Structural Guarantees For The State Aid Field. The Community's Last Best Hope Against National Arbitrariness., Angelica Ericsson

Angelica Ericsson

In line with current tendencies of ‘new modes of governance’, this essay introduces judicial tools, which strike a balance between the respect for national autonomy in individual assessments and the effective implementation of Community law. The balance is struck through the demands of structural guarantees; administrative safeguards, which weed out arbitrary national decision-making. These administrative safeguards are particularly needed in areas where the Member States of the EU have been granted a wide margin of discretion.

Examples of demands for structural guarantees are the provision of transparent and accessible legislation and administrative procedures based on objective criteria, as well as …

Short Summaries Of Two Main Speeches, Evgenia Pavlovskaia

Evgenia Pavlovskaia

This paper contains short summaries of two main speeches made during the NELN+ Conference in Lund in October 2011. The first speaker, Nicolas de Sadeleer from Belgium, talked about the issues of precautionary measures in situations of scientific uncertainty. He presented an overview of the relevant EU case-law from the General Court and the Court of Justice. The central question that was highlighted concerned the space left to the EU Commission and Council to determine how “safe is safe”. The second speaker, Hillevi Eriksson from Sweden, reflected on the results of her research within the topic “Knowledge Needed for Climate …

El Ejercicio Y La Prescripción De Las Acciones Cambiarias, David García

David García

No abstract provided.

The Rules About Restitution In The Proposal On A Common European Sales Law, Pietro Sirena

Pietro Sirena

Under the point of view of restitution law, the proposal on a CESL, part VII, draws a parallel between terminated and avoided contracts, which is much more convincing than the binary model followed by the DCFR. It is, however, necessary to make this set of rules consistent with the general principle of unjustified enrichment, which according to European law represents its underpinning. In the article, a series of corrections are suggested to reach that goal.

La Jurisprudencia Del Tjue Sobre El Reconocimiento Del Nombre En El Espacio Europeo. Notas Sobre La Construcción De Un Estatuto Personal Común Como Ciudadanos Europeos Y Su Impacto En El Derecho Internacional Privado De Los Estados, Germán M. Teruel Lozano

Germán M. Teruel Lozano

This study focuses on the analysis of the Court of Justice of the European Union’s case law related to the recognition of European citizens’ name. This case law begins with a decision in 1993, in the case Konstantinidis; follows by the case García Avello (2003); and which has been recently developed, opening new lines of study, in the case Grunkin-Paul (2008), Sayn Wittgestein (2010) and Malgožata Runevič Vardyn y Łukasz Wardyn (2011). The Court of Justice has faced the obstacles to Community freedoms given by the non-recognition by States of the citizens’ name, when it had validly granted by another …