Law Commons^™

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …

China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland

Shruti Rana

Nations and businesses around the globe have been battling over copyright protection rules, with industrialized nations pressuring developing nations to adopt Western-style copyright regimes. These battles have escalated as copyright piracy grows and developing nations struggle to formulate laws that will protect their own intellectual properties as well as those of industrialized nations. China is at the cutting edge of these debates; in the summer of 2012, China released transformative new proposals to modify its copyright rules. This Article, which we believe is the first in-depth academic piece analyzing China’s new reforms, critiques China’s new proposals and argues that China …

Systems Of Carbon Trading, Dr. Bruno Zeller

Touro Law Review

No abstract provided.

(Do) We Need A European Civil Code (?), David Schmid

Annual Survey of International & Comparative Law

The paper will first explain the historical developments that may one day support a European Civil Code. Next, it will examine other options available to reach the goal of unification and will then give an overview of the problems concerning the competence of the European Union for a European Civil Code. Arguments for both the critics and the supporters of the implementation of such a Code will be examined. Finally, this paper will try to develop options for further proceedings and will end with a conclusion of the findings.

Cite as: 18 Annl. Survey Int'l. Comp. L. 263 (2012).

The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman

Pepperdine Law Review

No abstract provided.

Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier

San Diego International Law Journal

Most countries require banks to hold extra capital to protect against unforeseen financial calamities; banks with riskier loans must hold more capital than those with safer loans. Basel II, a set of international banking standards, allows banks to measure a loan’s risk in different ways: some banks make their own judgments; others use outside agencies. The recent mortgage crisis prompted banks to reevaluate these methods, in part due to banks having failed to perceive the high level of risk inherent in securitized mortgages. The international community’s response was Basel III, an updated version of its previous standards. This Comment will …

Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova

Faculty Scholarship

Recent estimates of the level of VAT fraud in the EU are commensurate with the EU budget. With the Green paper on the future of VAT, the European Commission stressed the urgency and necessity of comprehensive VAT reforms. This paper analyses the business and legal implications of the recently proposed split-payment mechanism, which, if implemented, would move VAT’s method of collection to real-time. The discussion is positioned in the context of two increasingly visible trends in the EU – the general shift towards greater reliance on indirect taxation and the growing popularity of electronic payment instruments. The potential implementation of …

Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper

Michael D. Cooper, Esq.

Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …

The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral

Dalhousie Law Journal

The European Union is not generally perceived as an Arctic power However, the ever-expanding list of EU competences implies that it will have both an interest in participating in the governance of the Arctic and the authority to do so, should the seven Arctic states agree to make room. This development holds both challenges and opportunities for Canada and other Arctic states. The challenges stem from the factthat the EU will seek topromote the economic interests ofits Member States in resource extraction and freedom of navigation where Canada and Russia, in particular, have asserted strong national policies. The opportunities lie …

Compulsory Licensing In The European Union, Jarrod Tudor

Jarrod Tudor

Despite attempts to harmonize intellectual property law across the 27-member European Union, this area of law remains a mix of national law and federal law. In regard to the possibility of compulsory licensing, challenges remain in the attempt to make law uniform. The Court of Justice of the European Union has struggled to balance national and federal interests on the issue of compulsory licensing of patents, trademarks, and copyrights largely by applying Articles 28, 30, 81, and 82 of the Treaty on European Union. Specifically, these Articles of the Treaty that support the notion of the free movement of goods …

Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor

Jarrod Tudor

The European Union is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the European Union and the intellectual property law of the member-states. The Court of Justice of the European Union has been faced with dozens of complex cases arising out of conflicts between the national law of the member-states and the Articles of the Treaty on European Union that mandate the free movement of …

Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Co-sponsored with the Colorado European Union Center of Excellence and the Presidents Leadership Institute at the University of Colorado Boulder.

The ability to harness energy is fundamental to economic and social development. Worldwide, almost 3 billion people have little or no access to beneficial energy resources for cooking, heating, water sanitation, illumination, transportation, or basic mechanical needs. Energy poverty exacerbates ill health and economic hardship, and reduces educational opportunities, particularly for women and children. Specifically, access to efficient and affordable energy services is a prerequisite for achieving the Millennium Development Goal (MDG) relating to poverty eradication.

In response, the UN …

Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas

All Faculty Scholarship

The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …

Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer

University of Miami National Security & Armed Conflict Law Review

In Fall 2011, U.S. and EU negotiators agreed on new parameters for the collection, processing, use, storage and crossborder transfer of Passenger Name Record (PNR) data. 2011 also marks the tenth anniversary of the September 11, 2001 terrorist attacks on the World Trade Center in New York City and the Pentagon in Washington D.C., which provides the historic reason for the cooperation in this area. These two events thus provide a timely basis and background against which to review the ten year history of the cooperation between the U.S. and the EU in PNR information management.

This article maps the …

The Global Crackdown On Insider Trading: A Silver Lining To The "Great Reccession", Christopher P. Montagano

Indiana Journal of Global Legal Studies

The wake of the Great Recession marked a period of increased enforcement of insider trading violations by nation-states and self-regulatory organizations overseeing stock markets around the world. Before discussing the heightened global enforcement of insider trading, this Note explains the development of insider trading regulation by focusing on U.S., EU, and China law. This Note argues that the heightened global enforcement of insider trading violations in the wake of the Great Recession is a sign of a shared perception by market regulators around the world that there is a need to restore market confidence. Strong enforcement of insider trading regulations …

The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Law, Dissonance And Remote Computer Searches, Susan W. Brenner

Susan Brenner

This article examines the rule dissonance that can arise when law enforcement officers from one jurisdiction, e.g., the United States, remotely search a computer in another jurisdiction, e.g., Russia. It explains that such a search occurred in 2000, when Federal Bureau of Investigation agents tricked two Russian cybercriminals to Seattle and tricked them into using laptops loaded with spyware to access their computer in Russia. The FBI agents then used the usernames and passwords the spyware recorded to access the Russian computer and download data, which was used to prosecute the Russians for violating U.S. cybercrime law. One moved to …

The Diverging Approach To Price Squeezes In The United States And Europe, George A. Hay, Kathryn Mcmahon

Cornell Law Faculty Publications

Notwithstanding assertions of greater harmonization and convergence between United States and European Union competition law, recent case law has identified significant differences in their approaches to the regulation of a price or margin squeeze. In the US after linkLine the likelihood of a successful claim has been significantly diminished, particularly if there has been no prior course of voluntary dealing and no downstream predatory pricing. In contrast, in a series of decisions in liberalized telecommunications markets, the EU Courts in applying an “as efficient competitor test” have focused on the preservation of competitive rivalry as “equality of opportunity.” This significantly …

Gsp And Development: Increasing The Effectiveness Of Nonreciprocal Preferences, Matthew G. Snyder

Michigan Journal of International Law

The intellectual foundations of nonreciprocal preferences were first laid out in the 1960s, as several scholars noted developing countries' increasing reliance on highly volatile, low-value-added exports like agricultural and mineral commodities. The Generalized System of Preferences (GSP), which became the mechanism for implementing nonreciprocal preferential market access, was developed in this context. GSP was envisioned as part of a larger development strategy that included import-substitution policies, infant industry protection, and preferential access to developed countries' markets. As GSP granted preferential access over World Trade Organization (WTO) most favored nation (MFN) rates, development economists anticipated that it would provide developing countries' …

Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman

Dr. Kyle S. Herman

I invoke Carl Schmitt's Critique of Liberalism outlined in "The Concept of the Political" to better understand the European Union (EU) as a governmental institution. It is my contention that the EU is a liberal institution, with the sole intent to drive economic policy while ignoring identity, similar to what Schmitt rails against in his critique of liberalism. For that reason I demonstrate how the EU fits well into the mold Schmitt laid out to identify liberal politics. Therefore I use Schmitt's critique as both a starting point for defining the European Union and, by superimposing his critique onto the …

Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam

Book Chapters

In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European legal order is based on competing claims of ultimate legal authority among the European Union and its member states, so, too, the global legal order, to the extent that we can speak of one, lacks a singular, uncontested hierarchy among its various parts. To be sure, some have argued that the UN Charter provides …

Freedom Of Speech Through The Looking Glass: Reflections On The Governance Of Political Discourse In China, The United States, And The European Union, Emily Alice Chesbrough

Scripps Senior Theses

Freedom of speech is a right guaranteed by the US, the EU, and China; however, just because a right is guaranteed does not mean the government cannot manipulate the right to achieve its ends. Freedom of speech is commonly associated with the power of language; citizens speak in order to take control of those governing them, in order to assert their desires. In reality, freedom of speech is far more beneficial for governments, who can use this dissent to better control a population. In order to control the population, though, the governments must first control the dissenting speech, the discourse, …

The Borders Of E.U. Tax Policy And U.S. Competitiveness, George Mundstock

University of Miami Law Review

No abstract provided.

European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The European Union Emission Trading Scheme, Marco Piovan

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Divided Responsibility: Nato, The European Union, And European Defense After Cold War, Samuel Jubelirer

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Nato Expansion During The Cold War And After, Evan Jaroff

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Democratic Deficit In The European Union, Megan Campbell

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.