Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

Full-Text Articles in Law

Hungary, Poland, And Access To Eu Funding: The Eu Charts A New Course Under The Necessity Of Legislation, Conditionality, And The Rule Of Law., Blake S. Rutherford May 2023

Hungary, Poland, And Access To Eu Funding: The Eu Charts A New Course Under The Necessity Of Legislation, Conditionality, And The Rule Of Law., Blake S. Rutherford

University of Miami International and Comparative Law Review

In recent years, there has been considerable backsliding in Hungary and Poland regarding the rule of law, media plurality, judicial independence, and emergency powers. In response, the European Union (“EU”) exercised its authority under Article 7 of the Treaty of the Functioning of the European Union to withhold COVID-19 relief funds in an effort to compel these nations to realign with EU principles. This article examines the history, consequence, and legal effect of the landmark decision, Hungary v. Parliament and Council. It argues that the EU was on sound legal footing to utilize money as a means to protect …


The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic Dec 2018

The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic

University of Miami Business Law Review

The global recession of 2008 appeared to end the honeymoon between globalization and the reduction of international trade barriers. This was especially visible in the European Union, which saw a surge of conservatism as European economies suffered. With the EU unable to assist its members, the countries turned to China for financial aid. In return, China saw this as its chance to enter the EU using the engine of its newly–formed superpower status–its economy. From loans and financial aid to foreign direct investments (FDI), China began to pour money into the EU market. The poorer EU members accepted this money …


European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley Feb 2018

European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley

University of Miami International and Comparative Law Review

No abstract provided.


The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon Dec 2015

The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon

University of Miami International and Comparative Law Review

No abstract provided.


Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann Dec 2015

Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann

University of Miami International and Comparative Law Review

No abstract provided.


If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry Oct 2014

If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry

University of Miami International and Comparative Law Review

No abstract provided.


Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer Jul 2012

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 Borders Of E.U. Tax Policy And U.S. Competitiveness, George Mundstock Apr 2012

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

University of Miami Law Review

No abstract provided.


¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo Apr 2011

¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo

University of Miami International and Comparative Law Review

This article attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile - a history of dictatorship, an information technology revolution, and strong trade with the European Union - its data protection laws are in fact very weak. What explains this apparent disconnect? This article challenges the conventional wisdom that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …


Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte Oct 2010

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.


Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna Apr 2010

Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna

University of Miami International and Comparative Law Review

No abstract provided.


The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan Apr 2009

The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan

University of Miami International and Comparative Law Review

The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …


Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson Oct 2006

Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson

University of Miami International and Comparative Law Review

No abstract provided.


Foreign Direct Investment Success In Ireland: Can Poland Duplicate Ireland's Economic Success Based On Foreign Direct Investment Policies?, Michael Mikiciuk Jul 2006

Foreign Direct Investment Success In Ireland: Can Poland Duplicate Ireland's Economic Success Based On Foreign Direct Investment Policies?, Michael Mikiciuk

University of Miami International and Comparative Law Review

No abstract provided.


Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse Oct 2003

Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse

University of Miami International and Comparative Law Review

No abstract provided.


Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham Oct 2002

Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham

University of Miami International and Comparative Law Review

No abstract provided.


Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig Oct 2002

Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig

University of Miami International and Comparative Law Review

No abstract provided.


Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias Jan 2001

Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias

University of Miami International and Comparative Law Review

No abstract provided.


Building A Bridge For Defense: The European Union's Common Foreign And Security Policy, Cheryl Swack Jan 1998

Building A Bridge For Defense: The European Union's Common Foreign And Security Policy, Cheryl Swack

University of Miami International and Comparative Law Review

No abstract provided.


"Television Without Frontiers": Possible U.S. Responses, Vincent Bela Feher Apr 1994

"Television Without Frontiers": Possible U.S. Responses, Vincent Bela Feher

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Ec Joint Venture Guidelines: Codification And Cosmetics But No Binding Deadlines, Izzet M. Sinan Jan 1993

The Ec Joint Venture Guidelines: Codification And Cosmetics But No Binding Deadlines, Izzet M. Sinan

University of Miami International and Comparative Law Review

No abstract provided.