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Full-Text Articles in Law

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco Dec 2012

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …


Systems Of Carbon Trading, Dr. Bruno Zeller Dec 2012

Systems Of Carbon Trading, Dr. Bruno Zeller

Touro Law Review

No abstract provided.


(Do) We Need A European Civil Code (?), David Schmid Nov 2012

(Do) We Need A European Civil Code (?), David Schmid

Annual Survey of International & Comparative Law

The paper will first explain the historical developments that may one day support a European Civil Code. Next, it will examine other options available to reach the goal of unification and will then give an overview of the problems concerning the competence of the European Union for a European Civil Code. Arguments for both the critics and the supporters of the implementation of such a Code will be examined. Finally, this paper will try to develop options for further proceedings and will end with a conclusion of the findings.

Cite as: 18 Annl. Survey Int'l. Comp. L. 263 (2012).


The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman Nov 2012

The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman

Pepperdine Law Review

No abstract provided.


Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper Oct 2012

Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper

Michael D. Cooper, Esq.

Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …


The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach Jun 2012

The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach

Faculty Scholarship

No abstract provided.


‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner Mar 2012

‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


The Democratic Deficit In The European Union, Megan Campbell Mar 2012

The Democratic Deficit In The European Union, Megan Campbell

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock, Cameron Robinson Mar 2012

Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock, Cameron Robinson

Federal Communications Law Journal

This Note discusses the proposed rulemaking by the FCC in order to empower consumers against "bill shock." Bill shock is described as what a consumer experiences when he or she receives a bill for his or her cellular phone that is much higher than expected, usually on account of roaming charges. This Note will argue in favor of rulemaking by the FCC and explain how the consumer will be empowered against the confusion of the current system.


Sarkozy's New Diplomacy: A Reassessment Of The Third Rift In Franco-American Relations, David Drake Feb 2012

Sarkozy's New Diplomacy: A Reassessment Of The Third Rift In Franco-American Relations, David Drake

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Majority Voting In The Eu: Beneficial Or Just Equally Harmful, Elizabeth Degori Feb 2012

Majority Voting In The Eu: Beneficial Or Just Equally Harmful, Elizabeth Degori

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Eu's Common Foreign Policies Towards Russia: Past, Present And Future, Yigit Canay Feb 2012

Eu's Common Foreign Policies Towards Russia: Past, Present And Future, Yigit Canay

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Theorizing The Odds: The European Union, Online Gambling Regulation And Integration Theory, Alexis Spencer-Notabartolo Feb 2012

Theorizing The Odds: The European Union, Online Gambling Regulation And Integration Theory, Alexis Spencer-Notabartolo

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


The Democratic Deficit And The European Union's Constitutional Settlement, Jacob Ziemann Feb 2012

The Democratic Deficit And The European Union's Constitutional Settlement, Jacob Ziemann

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


A Betrayed Ideal: The Problem Of Enforcement Of Eu Sex Equality Guarantees In The Cee Post-Socialist Legal Systems, Goran Selanec Jan 2012

A Betrayed Ideal: The Problem Of Enforcement Of Eu Sex Equality Guarantees In The Cee Post-Socialist Legal Systems, Goran Selanec

SJD Dissertations

The notion of equality between men and women has, for a long time, played a significant role in the societies of Central and Eastern Europe (CEE). The ideal was particularly important during the period of “real” or “really existing” socialism in CEE. For the CEE socialist regimes, the ideal of equality was an ideological banner that supposedly demonstrated their moral superiority to the “West”. The ideal has gained new importance in recent years, when the CEE post-socialist states had to commit to the protection of the notion of equality between sexes as a condition of their membership in the European …


Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?, S. I. Strong Jan 2012

Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?, S. I. Strong

Faculty Articles

The United States has long embraced the concept of regulatory litigation, whereby individual litigants, often termed “private attorneys general,” are allowed to enforce certain public laws as a matter of institutional design. Although several types of regulatory litigation exist, the U.S. class action is often considered the paradigmatic model for this type of private regulation.

For years, the United States appeared to be the sole proponent of both regulatory litigation and large-scale litigation. However, in February 2012, the European Union dramatically reversed its existing policies toward mass claims resolution when the European Parliament adopted a resolution proposing to create a …


The Brussels Effect, Anu Bradford Jan 2012

The Brussels Effect, Anu Bradford

Faculty Scholarship

This Article examines the unprecedented and deeply underestimated global power that the EU is exercising through its legal institutions and standards, and how it successfully exports that influence to the rest of the world. Without the need to use international institutions or seek other nations' cooperation, the EU has a strong and growing ability to promulgate regulations that become entrenched in the legal frameworks of developed and developing markets alike, leading to a notable "Europeanization" of many important aspects of global commerce. The Article identifies the precise conditions for and the specific mechanism through which this externalization of EU's standards …


Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam Jan 2012

Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam

Book Chapters

The idea that constitutionalism is central to the legitimate exercise of public power has dominated the modern liberal imagination since the Enlightenment. The ideal of limited collective self-governance has spawned a rich and highly diverse tradition of hard-fought national constitutions from the time of the Glorious Revolution into the present. Today, however, constitutionalism faces its greatest challenge yet: the question of its continued relevance to modern governance. With the explosion of governance beyond the state, many wonder whether constitutionalism as we know it is being marginalized or altogether undermined.


Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley Jan 2012

Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley

Articles

No abstract provided.


The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner Jan 2012

The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last decade, the European Union has begun actively legislating in the area of criminal justice. The 2009 Treaty of Lisbon expressly acknowledged the EU’s authority to pass criminal laws with respect to certain serious offenses with a cross-border dimension. This explicit grant of powers is the culmination of a remarkable evolution in the European Union’s identity — from an organization devoted primarily to economic integration to a political union that increasingly resembles a federal state.

This Article argues that the EU has used its powers to criminalize not only to address practical needs, but also to reaffirm its …


Self-Sufficiency Of European (Regulatory) Private Law: A Discussion Paper, Jan M. Smits Dec 2011

Self-Sufficiency Of European (Regulatory) Private Law: A Discussion Paper, Jan M. Smits

Jan M Smits

This brief paper is part of a larger publication on the 'self-sufficiency' of European regulatory private law. The question discussed is whether this is a viable concept to understand the regulatory efforts of the EU that have relevance for private parties. It turns out that the need for 'self-sufficiency' follows from the desire to have ‘stable practices’: it allows people to rely on a set of norms that is publicly recognised as binding on the collectivity. While national jurisdictions can be self-sufficient by emphasising their own values, principles and a coherent system through the State institutions, the European Union has …


“Libre Circulación De Mercancías: No Todo Es Perfecto”, Luis González Vaqué Dec 2011

“Libre Circulación De Mercancías: No Todo Es Perfecto”, Luis González Vaqué

Luis González Vaqué

No abstract provided.