Law Commons^™

Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the moral philosophy, the psychology of moral judgment, and treatises on law often suggest that justice subsumes some combination of behavioral and intentional accountability and equity.

Baltic State Membership In The European Union: Developing A Common Asylum And Immigration Policy, Amy Elson

Indiana Journal of Global Legal Studies

No abstract provided.

Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec

All Faculty Scholarship

The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

The European Union: From An Aggregate Of States To A Legal Person?, Esa Paasivirta

Hofstra Law & Policy Symposium

No abstract provided.

The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler

Marquette Intellectual Property Law Review

In growing regional societies such as the European Union, there is a recognized need for standardization of trademark protection. Radler discusses the recent creation of the "Community Trade Mark" ("CTM") and analyzes the pros, the cons, and the alternatives to regional trademark protection within the EU. Concluding that the CTM is the most appropriate alternative, Radler suggests that the CTM provides uniformity, efficiency, and a means for further harmonization.

Kalanke V. Freie Hansestadt Bremen: The Significance Of The Kalanke Decision On Future Positive Action Programs In The European Union, Rebecca Means

Vanderbilt Journal of Transnational Law

In the landmark case Kalanke v. Freie Hansestadt Bremen, the European Court of Justice held that a German state law giving women an "absolute and unconditional priority" in the labor market was inconsistent with the European Equal Treatment Directive. Although many Europeans vehemently criticized the Kalanke decision initially, the furor now appears to have subsided. As a result of this decision, however, the European Union is currently re-examining equal treatment policies and will likely provide further guidance to Member States attempting to formulate positive action programs.

This Note first discusses the institutions of the European Union as they relate to …

The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders

Northwestern Journal of International Law & Business

This comment details why the limitation on benefits clause of the U.S.- German Treaty is contrary to European Union law.5 Part I describes the discriminatory situation which German companies may face and illustrates how tax treaty abuse could occur and how to prevent it. Part I also contains an introduction to the U.S.-German Treaty and provides an example of the conflict between U.S. tax treaties and European Union law. Part II analyzes in detail the Treaty's discriminatory features with respect to European Union aw and discusses potential justifications for this discrimination based on the case law of the European Court …

Creating Data Protection Legislation In The United States: An Examination Of Current Legislation In The European Union, Spain, And The United States, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.