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Articles 1 - 30 of 32
Full-Text Articles in Law
Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
LLM Theses and Essays
The American Right of Publicity has been developed and applied differently in the states of the U.S. for several decades and still several questions remain regarding the nature of the right. In Europe, many countries seem to follow the American development or have a similar right protecting the commercial value of a person’s identity emerging in their legal system. With the constant globalization and increase in interaction of the sports and entertainment markets in the world, harmonization of the different rules protecting this commercial interest in a persona is necessary to grant sufficient protection. This work is a comparative study …
Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher
Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher
ExpressO
This article identifies certain problems faced by parties to transnational merger transactions in view of the global proliferation in recent years of competition (and, specifically, merger review) laws. After considering the pros and cons of merger remedies (both structural and behavioral) that may be offered to mitigate potentially anticompetitive effects and illustrating (through a case study of the GE/Honeywell transaction) the pitfalls of divergent market definition even as between two legal regimes employing substantially similar standards, the article reviews and critiques proposals for establishing a supranational competition authority under the aegis of the World Trade Organization. While rejecting the WTO …
Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein
Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein
Ariel Meyerstein, JD, PhD
This Comment takes as its starting point the adoption of the first five pieces of harmonized legislation created as part of the EU’s asylum regime overhaul of the early 2000s and proposes constructive solutions to compensate for the inadequate results of the May 2004 negotiations in Brussels. Specifically, it is proposed that an EU-wide asylum appellate court could assist the Member States in completing the work they started by creating a comprehensive harmonization consistent with international law.
My Summer Vacation At The European Commission, Jonathan Baker
My Summer Vacation At The European Commission, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
Among the more than 100 jurisdictions with active competition policy regimes today, the United States has the distinction of starting first, creating the most extensive set of judicial precedents, and possessing the largest and most experienced enforcement institutions. Antitrust institutions in the United States have long stood at the summit on any scale of international prestige and influence in the competition policy field. Yet any such ranking would also undoubtedly indicate that during the last decade or so, the antitrust institutions of the European Union have grown in size and sophistication to the point where they are comparably respected and …
The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia
The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans
Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin
"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin
Indiana Journal of Global Legal Studies
No abstract provided.
Europe's Darker Legacies; Notes On Mirror Reflections, The Constitution As Fetish, And Other Such Linkages Between The Past And The Future Darker Legacies Of Law In Europe; The Shadow Of National Socialism And Fascism Over Europe And Its Legal Traditions Edited, By Christian Joerges And Navraj Singh Ghaleigh (Eds); European Constitutionalism Beyond The State, By J. H. H. Weiler And Marlene Wind (Eds), Peer Zumbansen
Osgoode Hall Law Journal
No abstract provided.
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
Indiana Journal of Global Legal Studies
No abstract provided.
From Pax Mercatoria To Pax Europea: How Trade Dispute Procedures Serve The Ec's Regional Hegemony , Tomer Broude
From Pax Mercatoria To Pax Europea: How Trade Dispute Procedures Serve The Ec's Regional Hegemony , Tomer Broude
ExpressO
The European Union's policies towards the states on its new, post-2004 enlargement, external borders (the European Neighbourhood Policy and the Cotonou project) present complementary yet competing tendencies: the establishment of Pax Mercatoria (the model historically developed in and by the EC itself, wherein international political stability is facilitated by economic interdependence) and the pursuit of Pax Europea (the establishment of a European zone of superior international economic, political and legal influence). The balance between these will ultimately be struck by the cumulative economic, political and social effects of the new legal arrangements. This paper focuses on one issue affecting this …
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
San Diego International Law Journal
This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.
International Income Allocation In The Twenty-First Century: The Case For Formulary Apportionment, Walter Hellerstein
International Income Allocation In The Twenty-First Century: The Case For Formulary Apportionment, Walter Hellerstein
Scholarly Works
From an international perspective, formulary apportionment has traditionally been viewed as little more than transfer pricing’s “poor relation” as a division-of-income methodology. It receives only grudging recognition as a method of attributing the profits to a permanent establishment under Article 7 of the OECD Model Tax Convention; it receives no mention at all in Article 9 as a method for distributing the profits of associated enterprises among the contracting states in which they conduct their activities; and it was assailed by the international business community and by the EU Member States as out of step with internationally excepted norms in …
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
ExpressO
Abstract This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
ExpressO
This essay fills a gap by exploring compliance theory in international law in relation to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
ExpressO
This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Patenting The Minotaur, Bratislav Stanković
Patenting The Minotaur, Bratislav Stanković
Richmond Journal of Law & Technology
Half man, half bull, the Minotaur was the most fearsome monster in Greek mythology. Human torso and bull’s head, its horns were sharp as knives, its great hooves could kick the life out the strongest of heroes, and its food was human flesh. Yet under the surface, the Minotaur’s myth was sad; his insatiable existence originated in jealousy and lust.
Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Articles
In the United States, the state and federal courts often has been the first port of call for activists hoping to advance the cause of same-sex couples. State courts, in particular, have ruled on occasion that guarantees of equal rights or due process contained in state constitutions require recognition of same-sex marriage or civil unions. These court decisions, in turn, have sparked a legislative backlash. Legislators and voters have rejected these court decisions by amending state constitutions to limit the rights of same-sex couples. The European Union represents, in some ways, the mirror image of the United States experience. The …
Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson
Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson
Book Reviews
This book review summarizes and critiques A New World Order, offering both an internal critique of the argument's consistency as well as an outside critique of the argument from the standpoint of the value of democratic sovereignty. The review locates Slaughter's argument within the debate over international relations realism and idealism, and further locates it within a continuum of seven idealized positions in the debate between global governance and sovereignty, with pure sovereignty at one extreme and world government at the other, with the most relevant positions of democratic sovereignty and liberal internationalism located in the middle. The article concludes …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Richmond Journal of Law & Technology
I hope you enjoy the second issue of Volume XI of the Richmond Journal of Law & Technology. The Editorial Board and Staff worked diligently with four outstanding authors to prepare this issue. We are proud to present timely articles by two professors, a practitioner, and the winner of the Journal’s staff casenote competition.
Institutional Structure: A Delicate Balance, Paul Craig
Institutional Structure: A Delicate Balance, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Migrating Towards Minority Status: Shifting European Policy Towards Roma, Timothy W. Waters, Rachel Guglielmo
Migrating Towards Minority Status: Shifting European Policy Towards Roma, Timothy W. Waters, Rachel Guglielmo
Articles by Maurer Faculty
During the 1990s, European policy towards Roma evolved from concern about migration toward rhetoric about rights. In this article we trace that shift across two OSCE reports. Following rhetorical-action models, we show how the EU's commitment to enlargement and "common values" compelled it to elaborate an internal approach to minority protection. Concerns about migration persist, but Europe now has to consider how to integrate Roma as minorities.
The Use Of International Accounting Standards In The European Union, Alexander Schaub
The Use Of International Accounting Standards In The European Union, Alexander Schaub
Northwestern Journal of International Law & Business
2005 is a watershed year for the application of International Accounting Standards (1ASs) in the European Union. From the first of January this year, all listed European companies must prepare their consolidated accounts using IASs or International Financial Reporting Standards (IFRSs). This requirement represents a quantum leap in the use of a single consistent set of accounting standards for capital markets in the European Union.
European Union's New Role In International Private Litigation, Ronald A. Brand
European Union's New Role In International Private Litigation, Ronald A. Brand
Articles
No abstract provided.
Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand
Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand
Articles
Any discussion of federalism necessarily runs headlong into concepts of sovereignty, with both terms being subject to Tocqueville's statement that, in discussing federalism, "the human understanding more easily invents new things than new words." Thus, just as systems previously considered to have been "federal" at the dawn of the United States of America were something much different from what was developed for our nation at that time, so is the "federal" system of today's United States different from anything to which we make comparisons.
This article reviews a paper by Professor Peter Tettinger's, and extends his analysis. As Professor Tettinger …
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.
European Union Legal Materials: An Infrequent User's Guide, Duncan E. Alford
European Union Legal Materials: An Infrequent User's Guide, Duncan E. Alford
Faculty Publications
No abstract provided.
Worth Doing Well- The Improvable European Union Constitution, Stephen C. Sieberson
Worth Doing Well- The Improvable European Union Constitution, Stephen C. Sieberson
Michigan Journal of International Law
As background for this critique of the Constitution, Part II of this Article provides a brief overview of the existing EU Treaties, their shortcomings, and the political processes that culminated in the creation of the new Constitution. Of particular interest are certain goals articulated for the new document, such as the desire to replace the complex Treaties with a simpler, more approachable instrument. Part III is a summary of the Constitution's textual content, details that are necessary to illuminate the analysis that follows. Part IV offers a critical review of the awkward manner in which the Constitution is organized. In …
Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami
Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami
Michigan Journal of International Law
The perspective offered by this Article is twofold. The emergence of transgovernmental networks gives rise to two questions, one causal and the other normative. First, how do we explain transnational cooperation through networks? Why do governments and regulators choose to establish networks rather than retain virtually limitless discretion over policymaking, conditioned only by international legal obligations? Based on the author’s examination of the records of the intergovernmental negotiations on the Data Protection Directive, this Article concludes that one precondition for fettering national discretion through networks is common preferences among governments on the substance of the policy to be administered. Compared …