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Full-Text Articles in Law
Intermediary Trademark Liability: A Comparative Lens, Stacey Dogan
Intermediary Trademark Liability: A Comparative Lens, Stacey Dogan
Shorter Faculty Works
Although we live in a global, interconnected world, legal scholarship – even scholarship about the Internet – often focuses on domestic law with little more than a nod to developments in other jurisdictions. That’s not necessarily a bad thing; after all, theoretically robust or historically thorough works can rarely achieve their goals while surveying the landscape across multiple countries with disparate traditions and laws. But as a student of U.S. law, I appreciate articles that explain how other legal systems are addressing issues that perplex or divide our scholars and courts. Given the tumult over intermediary liability in recent years, …
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
Faculty Scholarship
The traditional partition between public and private law continues to reinforce the belief that public law is the only proper realm of political debate, where decisions having redistributional consequences are and should be taken. This allows for a seemingly minor role of private law in the debate on European integration. This article challenges such a traditional image by noticing the central role of private law in the several legal systems of the European Union, and by analysing a few instances of resistance to private law integration. The analysis suggests that, while fully engaged in debating the public law implications of …