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Articles 1 - 25 of 25

Full-Text Articles in Law

A World Elsewhere: Secession, Subsidiarity, And Self-Determination As European Values, Timothy W. Waters Jan 2016

A World Elsewhere: Secession, Subsidiarity, And Self-Determination As European Values, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.


Pringle And The Nature Of Legal Reasoning, Paul Craig Jan 2014

Pringle And The Nature Of Legal Reasoning, Paul Craig

Articles by Maurer Faculty

The Pringle judgment generated significant academic comment, concerning all aspects of the case. It raises, as will be seen, broader issues as to the nature of legal reasoning and the role played therein by text and background purpose or teleology.

Gunnar Beck is very critical of the CJEU, castigating it for reasoning that is said to be absurd, and accusing it of crossing the line between legal reasoning and political judgment. He is also critical of much academic analysis of the case, contending that this was too uncritical of the Court's judgment, and contending also that the interpretation of ...


Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig Jan 2013

Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig

Articles by Maurer Faculty

The CJEU's judgment in Pringle saved the European Stability Mechanism from invalidity. The result was unsurprising, given that the contrary conclusion would have precipitated further crisis in the financial markets. The judgment is nonetheless highly interesting and not merely for those concerned with this aspect of EU law. This is because it contains much that is of more general relevance for the very nature of legal reasoning, and the blend of text, purpose and teleology that informs legal discourse. This article addresses two of the central claims made in the case.

The first was that the ESM was in ...


Eu Accession To The Echr: Competence, Procedure And Substance, Paul Craig Jan 2013

Eu Accession To The Echr: Competence, Procedure And Substance, Paul Craig

Articles by Maurer Faculty

The issues raised by EU Accession to the ECHR have already generated a valuable and growing literature. This article seeks to contribute to this literature. The discussion begins with an overview of the European Union’s competence to accede to the European Convention on Human Rights, and the process by which the Accession Agreement was negotiated. The focus then shifts to analysis of whether the EU needs its own Charter of Rights in addition to membership of the ECHR.

This is followed by examination of a range of procedural issues raised by EU accession to the ECHR. This includes the ...


Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer Jan 2011

Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


Public Law As The Law Of The Res Publica, Elisabeth Zoller Jan 2008

Public Law As The Law Of The Res Publica, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


European Governance: Executive And Administrative Powers Under The New Constitutional Settlement, Paul Craig Jan 2005

European Governance: Executive And Administrative Powers Under The New Constitutional Settlement, Paul Craig

Articles by Maurer Faculty

No abstract provided.


Book Review. Cases, Materials And Texts On Unjustified Enrichment, Ralph F. Gaebler Jan 2004

Book Review. Cases, Materials And Texts On Unjustified Enrichment, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.


What Constitution Does Europe Need? The House That Giscard Built: Constitutional Rooms With A View, Paul Craig Jan 2003

What Constitution Does Europe Need? The House That Giscard Built: Constitutional Rooms With A View, Paul Craig

Articles by Maurer Faculty

This paper presents an overview of key features of the Draft Constitution. The analysis is divided into two broad parts. There is an horizontal perspective which analyses the regime of power, control and accountability within the Draft Constitution. The discussion within this section focuses more specifically on the inter-institutional division of power, the Charter of Rights and the provisions concerning the Community courts. The second part of the paper considers the Draft Constitution from a vertical perspective, viz the impact of the Constitution on the relations between the EU and the Member States. The more specific topics discussed within this ...


Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler Jan 2000

Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.


Book Review. Roman Law After The Fall Of Rome, David V. Snyder Jan 1999

Book Review. Roman Law After The Fall Of Rome, David V. Snyder

Articles by Maurer Faculty

Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.


Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole Jan 1999

Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Privacy And Telecommunications, Fred H. Cate Jan 1998

Privacy And Telecommunications, Fred H. Cate

Articles by Maurer Faculty

This article explores the differences in privacy protection between the European Union and the United States, and examines the emerging conflict over data protection. Professor Cate analyzes the European data protection Directive, with particular emphasis on the Directive's extraterritorial provisions. He then examines privacy protection under United States laws and the extent to which that protection satisfies the requirements of the Directive. Finally, Professor Cate focuses on privacy issues involved in telecommunications, an area significantly regulated by United States and European laws, and therefore one area in which some commonality among privacy protection might be anticipated. Even in this ...


Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley Jan 1996

Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole Jan 1995

Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck Jan 1990

A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.


Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler Jan 1989

Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Book Review. Societal Versus Official Law, Morris S. Arnold Jan 1985

Book Review. Societal Versus Official Law, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Book Review. The Professionalization Of The English County Courts, Morris S. Arnold Jan 1983

Book Review. The Professionalization Of The English County Courts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Book Review. Law In The Balance: Legal Services In The Eighties By Philip A. Thomas (Ed.), Bryant G. Garth Jan 1982

Book Review. Law In The Balance: Legal Services In The Eighties By Philip A. Thomas (Ed.), Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Glimpses Of England, 1895: A Letter From Hoosier Judge David Demaree Banta, Katharine Kell Mar 1978

Glimpses Of England, 1895: A Letter From Hoosier Judge David Demaree Banta, Katharine Kell

David Banta (1889-1896)

An article profiling David Demaree Banta and a letter he wrote his son in 1895 from England in which he describes his trip.


Law And Fact In The Medieval Jury Trial: Out Of Sight, Out Of Mind, Morris S. Arnold Jan 1974

Law And Fact In The Medieval Jury Trial: Out Of Sight, Out Of Mind, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Book Review. Ex Nihilo Nihil, Morris S. Arnold Jan 1974

Book Review. Ex Nihilo Nihil, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Book Review. Livre Du Centenaire De Law Société De Législation Comparée – Un Siècle De Droit Comparé En France (1869-1969). A Special Issue Of Revue Internationale De Droit Comparé, Wencelas J. Wagner Jan 1970

Book Review. Livre Du Centenaire De Law Société De Législation Comparée – Un Siècle De Droit Comparé En France (1869-1969). A Special Issue Of Revue Internationale De Droit Comparé, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Book Review. Criminal Justice In England By Pendleton Howard., Frank Edward Horack Jr. Jan 1932

Book Review. Criminal Justice In England By Pendleton Howard., Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.