Law Commons^™

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Jason Kilborn

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.

France Bans The Veil: What French Republicanism Has To Say About It, Stéphane Mechoulan

Stéphane Mechoulan

The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen

Mathilde Cohen

The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau

Thomas Carbonneau

Prior to May 1980, the French domestic law on arbitration had not been subject to any substantial legislative reform since the early nineteenth century. The procedural part of that law, which contained practically all of the French legislative provisions applying to arbitration, was out of date and in need of reconsideration. Despite the considerable French procedural law reforms enacted in 1975, articles 1005 through 1028 of the Nouveau Code de procédure civile had not been revised to any significant extent since the enactment of the Code de procédure civile in 1806. The basic intention of the new legislative text is …

The French Legal Studies Curriculum: Its History And Relevance As A Model For Reform, Thomas E. Carbonneau

Thomas Carbonneau

This article attempts to describe and analyze those events which fostered the historical metamorphosis of the French legal studies curriculum. The predominance of a broad academic approach to law and the concomitant absence of a narrow "trade school" mentality in the French law schools might be attributed to the general organization of higher education in France. One of the primary contentions of this article is that the fundamental character of French legal education, which emphasizes the educating of jurists as opposed to the training of lawyers, is the product of a set of factors which are deeply rooted in French …

Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau

Thomas Carbonneau

This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …

Linguistic Legislation And Transnational Commercial Activity: France & Belgium, Thomas E. Carbonneau

Thomas Carbonneau

For French and francophonic people, the continued vitality of their linguistic heritage is an integral part of their sense of national identity and cultural cohesiveness. The truth of this statement has been corroborated recently by legislative enactments in France and in Belgium which prescribe and/or recommend the use of French in certain private commercial and governmental activity taking place within these countries. This legislation represents an attempt to provide a partial remedy to what has been perceived generally as the syntactical and lexical "contamination" of the French language resulting from the dominance of English or, more precisely, American English, in …

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson

Thomas Carbonneau

This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …

The Power Of Codification In Latin America: Simón Bolívar And The Code Napoléon, M C. Mirow

M. C. Mirow

Codification can be an effective means to centralize and to consolidate state power. The use of codification in this manner runs against the commonly perceived notion that it promotes republican and egalitarian values. As Simon Bolivar's dictatorship quickly crumbled around him, he turned to codification based on the Code Napoleon as part of an attempt to unify Gran Colombia. Factors leading him to this undertaking and source were the need for legal reform, his emulation of Napoleon, his exposure to the works of Jeremy Bentham, and, speculatively, the influence of Andres Bello. Boivar's attempt at codification was not to complete …

The French Case For Requiring Juries To Give Reasons. Safeguarding Defendants Or Guarding The Judges?, Mathilde Cohen

Mathilde Cohen

The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain

Claire Germain

This article describes the contemporary landscape of the French jury. Putting the institution in its historical and political context, it begins with an overview of the rich history of the French jury. We describe the earliest form of community judgment in France, the introduction of a formal jury system following the French Revolution, and the political and legal influences that transformed it from an independent body of lay citizens to a mixed decision-making body of professional and lay judges. We next identify characteristic features of contemporary French jury trial procedure and the respective roles and responsibilities of professional and lay …

Strategic Delegation, Discretion, And Deference: Explaining The Comparative Law Of Administrative Review, Jud Mathews, Nuno M. Garoupa

Jud Mathews

This paper offers a theory to explain cross-national variation in administrative law doctrines and practices. Administrative law regimes vary along three primary dimensions: the scope of delegation to agencies, agencies’ exercise of discretion, and judicial practices of deference to agencies. Working with a principal-agent framework, we show how cross-national differences in institutions’ capacities and the environments they face encourage the adoption of divergent strategies that lead to a variety of distinct, stable, equilibrium outcomes. We apply our model to explain patterns of administrative law in the United States, Germany, France, and Commonwealth jurisdictions.

Nutritional Labelling In France - Causes And Implications Of Consumer Confusion, Luis González Vaqué

Luis González Vaqué

This article discusses the controversial and heavily debated initiatives aimed at introducing nutritional labelling in France – initiatives which have exploited the ambiguity of the Art. 35 of the Regulation (EU ) No 1169/2011 on the provision of food information to consumers and have also perhaps misappropriated the provisions of Art. 34.

Liberdade De Expressão, Liberdade De Ofender, Antonio Pele

Antonio Pele

No abstract provided.

Equity Crowdfunding: All Regulated But Not Equal, Garry A. Gabison

Garry A. Gabison

This paper describes how different countries have approached equity crowdfunding. This paper focuses on countries or regulatory authorities that either expressed their awareness of the phenomenon but decided to adopt a holding pattern (monitoring and investigating) or that decided to adopt new laws and regulations. Countries like Australia have opted to reaffirm how their current set of regulations applies to crowdfunding whereas others like the United States, Italy, the United Kingdom, and France have elected to create new exemptions in an effort to facilitate equity crowdfunding. This paper compares how each country decided to regulate the different participants in the …

French Article 14 Jurisdiction, Viewed From The United States, Kevin M. Clermont, John R.B. Palmer

Kevin M. Clermont

French courts have broadly read their Civil Code’s oddly written Article 14 as authorizing territorial jurisdiction over virtually any action brought by a plaintiff of French nationality. This study traces the history of this provision from its genesis two hundred years ago to its extension under the current Brussels Regulation. Nevertheless, for a number of reasons, French plaintiffs do not use Article 14 all that much, other than in status suits such as matrimonial matters or in situations where the defendant has assets in France (or now, under the Brussels regime, in Europe). The actual use of Article 14 ends …

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Peter Zablotsky

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Rodger Citron

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.

Relazioni Industriali Europee E Il Caso Italiano, Michele Faioli

Michele Faioli

No abstract provided.

Recent French Decisions On Database Protection: Towards A More Consistent And Compliant Approach With The Court Of Justice’S Case Law?, Estelle Derclaye

Estelle Derclaye

Since the official date of implementation of the Database Directive , namely the 1 January 1998, 14 years have now already passed. During this decade and a half, French courts have handed down around 30 decisions on database protection. Between 1998 and 2004, the year when the Court of Justice of the European Union (CJEU) handed down its first four parallel rulings on the sui generis right , the French case law on the sui generis right was quite erratic. Admittedly, such state of affairs was not dissimilar in other Member States owing to the sheer novelty of the sui …

Relazioni Industriali In Francia E Germania, Michele Faioli

Michele Faioli

No abstract provided.

Art. 8 Dl 138/2011 - Contrattazione Decentrata - Seminario 22 Settembre 2011, Michele Faioli

Michele Faioli

Il Seminario è parte di un progetto di ricerca interdisciplinare della Facoltà di Economia – Sapienza Università di Roma, volto alla comparazione tra sistema italiano e altri sistemi europei (Francia e Germania). I relatori affronteranno i profili più significativi dell’Accordo interconfederale del 28 giugno 2011. Verranno, inoltre, analizzate alcune tra le tematiche più rilevanti della contrattazione decentrata (organizzazione del lavoro, orario, conflittualità e welfare aziendale). Tra i relatori si segnalano: Tiziano Treu, Giorgio Usai, Giorgio Santini, Maurizio Franzini, Angelo Pandolfo, Pasquale Sandulli, Michele Faioli, Luciano Pero, Angelo De Filippo, Enrico Mastinu.

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Richard Daniel Klein

No abstract provided.

Toward A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet

Christopher K. Odinet

No Innocents Here: Using Litigation To Fight Against The Costs Of Universal Service In France, Dorit Reiss

Dorit R. Reiss

Liberalization of utility sectors may bring the benefits of competition to customers, but it also creates risks of manipulation of the new system by powerful industrial actors. Litigation is one tool available to undermine or delay effective regulation. In 2001 the European Court of Justice declared the French system of funding universal service in telecommunications untreaty, and ordered France to redesign it. The commission and observers understood the case as a triumph of open market over France’s narrow protection of the "national champion" French Télécom. An alternative interpretation that fits the data better describes the story as successful use of …

You Can't Take It With You When You Die... Or Can You?: A Comparative Study Of Post-Mortem Moral Rights Statutes From Israel, France, And The United States, Galia Aharoni

galia aharoni

Moral rights – including the rights to attribution, integrity, and dissemination – is a sticky, controversial subject even standing on its own. Questions concerning the duration of these rights seem to compound the issue even further: If moral rights protection stems from a desire to protect the author’s intrinsic relationship with the work, when should the protection stop? Upon his death? Upon the expiration of the work’s copyright? …Never? Such questions become even more pressing when a country – especially a self-acknowledged “developing” country such as Israel – enacts a moral rights law of its own, and when consequently no …

The Legal Condition Of The Human Body In France And Japan. A Comparative Approach To Legal Personhood In A Context Of Globalization, Matthieu Forlodou

Matthieu Forlodou

This paper is a short abstract of my on-going PhD thesis. The ful text will be available soon.

Can And Should Misappropriation Also Protect Databases? A Comparative Approach, Estelle Derclaye

Estelle Derclaye

No abstract provided.

A View Of The Dutch Ipo Cathedral, Peter B. Oh

Peter B. Oh

This is the Keynote Address for “IPOs and the Internet Age: The Case for Updated Regulations,” a symposium held at The Ohio State University Michael E. Moritz College of Law. Initial public offerings (“IPOs”) are an exercise in asymmetrical valuation. One mechanism for bridging these asymmetries is a private financial intermediary to conduct price discovery by meeting with preferred investors. An alternate mechanism is an auction, such as a descending-bid or Dutch procedure, to conduct price discovery by soliciting bids from all prospective investors. Recent disenchantment with the relationship between issuers and intermediaries has prompted some to hail (online) auction-based …