Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- European Law (3)
- Comparative and Foreign Law (2)
- Intellectual Property Law (2)
- International Law (2)
- Organizations Law (2)
-
- Social and Behavioral Sciences (2)
- Administrative Law (1)
- Business Organizations Law (1)
- Computer Law (1)
- Consumer Protection Law (1)
- Immigration Law (1)
- International Humanitarian Law (1)
- Law and Society (1)
- Legal Writing and Research (1)
- Library and Information Science (1)
- Political Science (1)
- Political Theory (1)
- Privacy Law (1)
- Scholarly Communication (1)
- Scholarly Publishing (1)
- Science and Technology Law (1)
- Taxation-Federal (1)
- Taxation-Transnational (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs
Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs
Copyright, Fair Use, Scholarly Communication, etc.
We believe that Elsevier and other major publishers are continuing to engage in anti-competitive practices, which are continuously worsening, and that information gained in the last 15 years urges immediate investigation and intervention into this unregulated market space. This could be, for example, through an empirical analysis of the scholarly publishing market; by having an independent regulatory body monitoring and overseeing the digital services provided by Elsevier and others within the industry; banning the use of non-disclosure clauses in licensing contracts; requiring transparency into the production costs of research articles and publishing operations; banning the use of inappropriate journal-level metrics …
Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni
Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni
Articles
Since its launch in 2013, the US actively participated in all aspects of the BEPS project. However, until recently, the general view was that following the conclusion of the BEPS negotiations and the change of Administration the US is stepping back from the BEPS process. While the EU was charging ahead with implementing BEPS through the Anti-Tax Avoidance Directive (ATAD), the US stated that it was already in compliance with all BEPS minimum standards and therefore other than Country-by-Country Reporting (CbCR) it had no further BEPS obligations. The US decided not to sign the Multilateral Instrument (MLI) to implement BEPS …
Another View Of The Cathedral: What Does The Rule Of Law Crisis Tell Us About Democratizing The Eu?, Fernanda Nicola
Another View Of The Cathedral: What Does The Rule Of Law Crisis Tell Us About Democratizing The Eu?, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The rule of law in the EU is in crisis. The independence of national judiciaries in Hungary and Poland is under attack by governments that call themselves ‘illiberal’ democracies. Not surprisingly, scholars pointing to the cracks in the EU architecture have offered some solutions to avoid its collapse. These solutions range from the Commission enforcing a rule of law framework by bringing systemic infringement actions based on democratic values enshrined in Article 2 of the Treaty on European Union (TEU) or by cutting EU cohesion funds to the autocrats. Both solutions seem to have been taken seriously in Luxembourg …
La Proteccion De Los Inmigrantes Irregulares En Los Estados Unidos Y La Libertad De Circulacion En Una 'Union Americana', Kristina M. Campbell
La Proteccion De Los Inmigrantes Irregulares En Los Estados Unidos Y La Libertad De Circulacion En Una 'Union Americana', Kristina M. Campbell
Journal Articles
Este artículo es una continuación y ampliación de una propuesta que formulé en 2009, y se plantea si —y cómo— los Estados Unidos pueden apartarse de su actual sistema de regulación de la inmigración punitivo, cuasi-penal y de exigencia dura de su cumplimiento. ¿Es posible para los Estados Unidos y sus vecinos acercarse a un sistema de protección de los refugiados y otros migrantes irregulares del resto de las Américas, modelado sobre el concepto de «libertad de circulación» de la Unión Europea? Si es así, ¿a qué debería parecerse dicho sistema? Permitiendo a todos los ciudadanos de una «Unión Americana» …
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Articles, Book Chapters, & Popular Press
Whether the researchers themselves, rather than the institution they work for, are at all in a position to implement OA principles actually depends on the initial allocation of rights on their works. Whereas most European Union Member States have legislation that provides that the copyright owner is the natural person who created the work, the copyright laws of a number European countries, including those of the Netherlands and the United Kingdom, establish a presumption, according to which the copyright of works made in the course of employment belongs initially to the employer, which in this case would be the university. …
Evolving Norms Of Corporate Social Responsibility: Lessons Learned From The European Union Directive On Non-Financial Reporting, Constance Z. Wagner
Evolving Norms Of Corporate Social Responsibility: Lessons Learned From The European Union Directive On Non-Financial Reporting, Constance Z. Wagner
All Faculty Scholarship
This article examines an important development in the field of corporate social responsibility, namely theadoption of a 2014 European Union Directive (“2014 EU Directive”) mandating non-financial reporting by certain large companies. Such disclosure has traditionally been provided by businesses on a voluntary basis, but the 2014 EU Directive reflects an emerging global trends toward mandatory reporting. Such trend emerged in response to the perceived low quantity and poor quality of information disclosed voluntarily onsocial and environmental topics of importance to corporate stakeholders. The author analyzes the history and development of policy and legislation on this issue both at the European …
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Legal Scholarship And External Critique In Eu Law, Daniela Caruso, Fernanda Nicola
Legal Scholarship And External Critique In Eu Law, Daniela Caruso, Fernanda Nicola
Faculty Scholarship
The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to …
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
Publications
No abstract provided.
Foreword, George A. Bermann, Anu Bradford
Foreword, George A. Bermann, Anu Bradford
Faculty Scholarship
European Union ("EU") law is no more immune than any other functioning body of law to technological innovation, and the European institutions need to adapt to such change. EU law has done so in a wide variety of ways, only a sampling of which can be presented in this issue of the Columbia Journal of European Law that we are honored to introduce. The Journal's commission of this Special Issue evidences its keen awareness of both the promises and challenges that technological change presents to Europe and its legal institutions.
Unintended Agency Problems: How International Bureaucracies Are Built And Empowered, Anu Bradford, Stavros Gadinis, Katerina Linos
Unintended Agency Problems: How International Bureaucracies Are Built And Empowered, Anu Bradford, Stavros Gadinis, Katerina Linos
Faculty Scholarship
The ground underneath the entire liberal international order is rapidly shifting. Institutions as diverse as the European Union, International Monetary Fund, United Nations, and World Trade Organization are under major threat. These institutions reflect decades of political investments in a world order where institutionalized cooperation was considered an essential cornerstone for peace and prosperity. Going beyond the politics of the day, this Article argues that the seeds of today’s discontent with the international order were in fact sown back when these institutions were first created. We show how states initially design international institutions with features that later haunt them in …