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Full-Text Articles in Law

The European Court’S Political Power Across Time And Space, Karen Alter Jan 2009

The European Court’S Political Power Across Time And Space, Karen Alter

Faculty Working Papers

This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how ...


Eu Law, International Law And Economic Sanctions Against Terrorism: The Judiciary In Distress?, P. Takis Tridimas Jan 2009

Eu Law, International Law And Economic Sanctions Against Terrorism: The Judiciary In Distress?, P. Takis Tridimas

Journal Articles

This article seeks to examine the relationship between European Union law, international law, and the protection of fundamental rights in the light of recent case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) relating to economic sanctions against individuals. On 3 September 2008, the ECJ delivered its long-awaited judgment in Kadi and Al Barakaat on appeal from the CFI. In its judgment under appeal, the CFI had held that the European Community (EC) is competent to adopt regulations imposing economic sanctions against private organizations in pursuance of UN Security Council (UNSC) Resolutions seeking ...


Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger Jan 2009

Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger

All Faculty Scholarship

The emergence of post-Socialist legal orders is reshaping some of the familiar terrain of comparative legal studies. This Article, invited as part of an effort to think about the topic of "What the Rest think of the West," reconsiders the vast legal re-codification projects that stand at the center of "nation-building" projects in formerly Socialist states. Such projects, and the rupture from which they emerge, challenge essentialist or static notions of identity and assumptions of where the West is or where the Rest begin. Anthropological concepts of "liminality" and "deixis" assist in understanding Ukrainian legal experts' thinking on legal reforms ...


Writer's Block - Resolve To Become A Better Writer, David Spratt Jan 2009

Writer's Block - Resolve To Become A Better Writer, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.