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Articles 1 - 20 of 20
Full-Text Articles in Law
Modernization Of European Community Competition Law, Alejandro Leon-Vargas
Modernization Of European Community Competition Law, Alejandro Leon-Vargas
LLM Theses and Essays
The modernization of EC Competition Law is discussed as a necessity on the European Union. Its counterpart, the U.S. Antitrust Law system followed a different evolution. The legislation, institutions and procedures remark the differences among these advanced systems of market control. The role of the EC Commission, national authorities and national courts of Member States will determine the elements to change. Its American counterpart, the Antitrust Division, the Federal Trade Commission, and the federal courts, developed the most effective and dynamic pathways for antitrust enforcing. The analysis of both frameworks must consider several factors, other that legal factors. The relevance …
The Persistence Of The Dirigiste Model: Wireless Spectrum Allocation In Europe, À La Francaise., Russell Carlberg
The Persistence Of The Dirigiste Model: Wireless Spectrum Allocation In Europe, À La Francaise., Russell Carlberg
Federal Communications Law Journal
This Note examines spectrum allocation for 3G mobile wireless networks in Europe in light of larger EC telecommunications and competition policies. The European Commission has allowed each member state to allocate spectrum to firms in two ways: (1) by the free market auction; and (2) by the "beauty pageant" method by which firms submit detailed proposals to the government, and government bureaucrats make the final selections. This Note focuses on France as the prime example of the beauty pageant method, and argues that, despite the "excesses" of the prices of spectrum on the free market auctions, the beauty pageant method …
David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler
David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler
LLM Theses and Essays
The OECD or Organization for Economic Cooperation and Development has produced a report titled Harmful Tax Competition An Emerging Global Issue. The report is the single largest threat to the offshore finance industry. Further, the sweeping recommendations made by the report would at worst potentially discourage foreign investment in some of the more established offshore financial centers. This thesis represents an analytical view of the report and further gives some highlights to the anomalies found in the tax regimes of the major industrialized countries. It is clear that the actions of the OECD does create in effect a tax cartel. …
The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.
The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.
Donna M. Hughes
The trafficking in women and children for sexual exploitation is a global human rights crisis being
perpetrated by individual criminals and organized crime groups, and facilitated by increased tolerance
for the sexual exploitation and sexual abuse of women and children.
New communications and information technologies have created a global revolution in
communications, access to information, and media delivery. There are a lot of positive aspects to the
global revolution, but there are also some very negative ones. This report describes the most negative
ones—how communications and information technologies are used to facilitate the trafficking of
women and children for sexual …
Breaking On Through To The Other Side: Understanding Continental European Corporate Governance, Ángel Oquendo
Breaking On Through To The Other Side: Understanding Continental European Corporate Governance, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner
The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner
Michigan Journal of International Law
The purpose of this Note is to investigate the European Court of Justice's less expansive treatment of directives as compared to other forms of EC law through its failure to apply horizontal direct effect to directives. More specifically, this Note attempts to answer two questions which arise from the current status of ECJ jurisprudence: First, why has the Court been reluctant to implement horizontal direct effect for directives, especially in light of other actions it has taken to increase the potency of EC law? Second, given the alternative steps taken by the ECJ, is it still necessary to establish horizontal …
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
All Faculty Scholarship
No abstract provided.
A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell
A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell
Vanderbilt Journal of Transnational Law
The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.
The failure of schools requires America to take action. State …
Lawyer Ethics In The Twenty-First Century, Dr. Julian Lonbay
Lawyer Ethics In The Twenty-First Century, Dr. Julian Lonbay
Vanderbilt Journal of Transnational Law
This Article surveys multijurisdictional legal practice in the European Community. It details some of the types of lawyers and law practices that can be found across Europe and describes the variety of activities in which these lawyers engage. The Article then examines the regulatory regime that controls the legal industry. Specifically, it considers Article 49, Article 43, Directive 89/48/EEC, and Directive 98/5/EC. The Article concludes with a discussion of how conflicts in the regulation of lawyers may be resolved.
Innocents Abroad: Opportunities And Challenges For The International Legal Adviser, Wayne J. Carroll
Innocents Abroad: Opportunities And Challenges For The International Legal Adviser, Wayne J. Carroll
Vanderbilt Journal of Transnational Law
This Article argues that some regulatory authorities have not successfully adapted to the internationalization of the practice of law. First, the Author attempts to define the terms "international legal adviser" and "international legal advice." Next, the Author compares the existing barriers to practice in the United States and the European Union. The Author goes on to outline recent challenges and changes to these barriers to practice, including international efforts such as the WTO and the IBA and local rules in the United States and the European Union. The Author then analyzes the adequacy of existing regulatory regimes with regard to …
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
UIC Law Review
No abstract provided.
Miranda In Comparative Law, Stephen C. Thaman
Miranda In Comparative Law, Stephen C. Thaman
All Faculty Scholarship
Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …
Economics V. Equity Ii: The European Experience, Stephen M. Johnson
Economics V. Equity Ii: The European Experience, Stephen M. Johnson
Articles
Lawmakers in the European Union and its member states, like their counterparts in the United States, increasingly are using economic tools to protect the environment while reducing their focus on command and control regulation. The reliance on economic approaches to environmental protection may disproportionately impact low income and minority communities. Although evidence of environmental injustice in Europe is not as strong as in the United States, several recent studies demonstrate that traditional environmental protection measures in Europe have disproportionately funneled pollution to low income communities. Economic-based environmental measures can only exacerbate that trend.
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Articles
The main thrust of this article is to suggest how legal uniformity may result in the European Union despite its Member States' encompassing the two highly distinct legal traditions of the common law and the civil law. My theory is that the defining characteristics of the civil-law legal culture, although in stark and profound contrast with those of the common-law legal system, nevertheless appear prominently and pervasively in the non-legal spheres of common-law nations; and vice versa, such that common-law legal characteristics correspond closely to elements often excluded from civil-law legal cultures, but which are included in the non-legal domains …
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Vanderbilt Journal of Transnational Law
In December 2000 the European Council Summit in Nice fulfilled the promise for European Union enlargement made at the Helsinki Summit the year before. The leaders of the EU Member States reaffirmed their commitment to the accession of the applicant countries, making possible the broad re-unification of the continent under democratic rule of law and free market economies. This Article focuses specifically on the accession of the island of Cyprus, Europe's remaining divided state, poised strategically between East and West. The island's armed stand-off presents the clearest example of legal conflict between two ethnic communities in a discrete geographical territory, …
Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam
Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam
Book Chapters
Divided power systems, such as the United States, the European Union, and the Federal Republic of Germany, confront a common question: whether the central government may 'commandeer' its component States, that is, whether the central government may issue binding commands that force its component States to take regulatory action with respect to private parties. This chapter explores what may initially appear as a puzzling difference in the answers given. Whereas US constitutional jurisprudence currently prohibits commandeering, the founding charters of the EU and Germany permit such action. And all do so in the name of protecting the integrity and importance …
The Role Of Law In The Functioning Of Federal Systems, George A. Bermann
The Role Of Law In The Functioning Of Federal Systems, George A. Bermann
Faculty Scholarship
Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes …
European Law: Yesterday, Today And Tomorrow, George A. Bermann
European Law: Yesterday, Today And Tomorrow, George A. Bermann
Faculty Scholarship
Hans Baade's career spans a period marked by the progressive recognition of European law in American academic circles. At the time that Hans Baade decided to make the United States his academic home, historical circumstances had only recently brought to American shores a whole generation of legal scholars, mostly continental European in background and training. Aided by the compelling nature of the stories about law that they had to tell, these scholars connected strategically with an American legal academy that was then only slowly and tentatively emerging from what could be described, not unfairly, as a period of relative intellectual …
Sulla Ragionevolezza Dei Termini Di Pagamento Nella Subcontrattazione: Profili Comparativi, Antonio Lordi
Sulla Ragionevolezza Dei Termini Di Pagamento Nella Subcontrattazione: Profili Comparativi, Antonio Lordi
antonio lordi
No abstract provided.
La Responsabilidad Civil Por Productos Defectuosos: Perspectivas Para La Aplicación Y El Desarrollo De La Directiva 85/374/Cee, Luis González Vaqué
La Responsabilidad Civil Por Productos Defectuosos: Perspectivas Para La Aplicación Y El Desarrollo De La Directiva 85/374/Cee, Luis González Vaqué
Luis González Vaqué
En 1985, cuando fue adoptada la Directiva 85/374/ CEE, el legislador comunitario partió de la base de que se trataba de una normativa ‘mejorable’, por lo que impuso a la Comisión la tarea de vigilar la eficacia de su aplicación y de proponer, eventualmente, su revisión.
Con todos sus defectos, la Directiva 85/374/CEE contribuye a incrementar el nivel de protección frente a los productos defectuosos, entre otras razones, porque constituye una ‘espada de Damocles’ que incita a los productores a maximizar sus esfuerzos para producir sin riesgos innecesarios para la salud y la integridad humanas y porque, una vez que …