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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
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
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 the …
Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig
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 reality …
Eu Accession To The Echr: Competence, Procedure And Substance, Paul Craig
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 choices …
Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer
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
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
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
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
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
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
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
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
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 highly …
Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley
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
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
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
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
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
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
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
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.
Book Review. Ex Nihilo Nihil, Morris S. Arnold
Book Review. Ex Nihilo Nihil, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Law And Fact In The Medieval Jury Trial: Out Of Sight, Out Of Mind, Morris S. Arnold
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. 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
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.
Book Review. Criminal Justice In England By Pendleton Howard., Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.