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Articles 1 - 23 of 23
Full-Text Articles in European Law
European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein
European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein
The Year in Review
No abstract provided.
Europe, Thomas Stanton, Matthew Soper, James Henry Bergeron, Steven Kourtis, Eva Tzavala, Roselyn S. Sands, Remy Nerriere, Angelique Devaux
Europe, Thomas Stanton, Matthew Soper, James Henry Bergeron, Steven Kourtis, Eva Tzavala, Roselyn S. Sands, Remy Nerriere, Angelique Devaux
The Year in Review
No abstract provided.
Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands
Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands
The Year in Review
No abstract provided.
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson
The International Lawyer
No abstract provided.
The Eurozone Debt Crisis And The European Banking Union: Hard Choices, Intolerable Dilemmas, And The Question Of Sovereignty, Emilios Avgouleas, Douglas W. Arner
The Eurozone Debt Crisis And The European Banking Union: Hard Choices, Intolerable Dilemmas, And The Question Of Sovereignty, Emilios Avgouleas, Douglas W. Arner
The International Lawyer
No abstract provided.
Cross-Border Insolvency In The U.S. And U.K.: Conflicting Approaches To Defining The Locus Of A Debtor's Center Of Main Interests, Bryan Rochelle
Cross-Border Insolvency In The U.S. And U.K.: Conflicting Approaches To Defining The Locus Of A Debtor's Center Of Main Interests, Bryan Rochelle
The International Lawyer
No abstract provided.
Exploring Airline Contracts Of Carriage And European Union Flight Delay Compensation Regulation 261 (Eu 261)— A Bumpy But Navigable Ride, Richard Ritorto, Stephan A. Fisher
Exploring Airline Contracts Of Carriage And European Union Flight Delay Compensation Regulation 261 (Eu 261)— A Bumpy But Navigable Ride, Richard Ritorto, Stephan A. Fisher
Journal of Air Law and Commerce
When passengers book flights on commercial airlines, they enter into contracts of carriage with the airline. This article will first examine the nature, scope, and enforceability of contract of carriage provisions involving domestic flights, followed by an examination of cases addressing the enforceability in the United States of a pro-consumer European Union (EU) regulation concerning compensation for flight cancellation, denied boarding, and delay.
Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands
Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands
The International Lawyer
No abstract provided.
Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu
Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu
The International Lawyer
This article summarizes important developments in 2014 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian and European legal developments.
Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, Jenia I. Turner
Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last decade, the European Union has adopted legislation that calls for the mutual recognition of arrest warrants, investigation orders, and penal judgments. These laws have aimed to strengthen the Union’s response to transnational crime, and EU policymakers are currently considering legislation to further harmonize the Union's law enforcement efforts. This Article compares these developments within the EU to the U.S. legal framework on mutual recognition in criminal matters. It examines the individual, state and systemic interests that U.S. state courts have considered in deciding whether to recognize other states' judgments, warrants, or investigative actions. These competing interests have …
Freedom Of Expression In Post-Soviet Russia, Jeffrey D. Kahn
Freedom Of Expression In Post-Soviet Russia, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This Article assesses the freedom of expression in Russia and prospects for its future: what has the Russian state promised its citizens, in what legal forms have those promises been made, and how well are those paper promises being kept in practice? The Article considers recent state actions and statutes enacted to regulate speech, association, and other forms of expression, and determines that these are possible because of the very weak separation of powers in the Russian Federation. The Article concludes by looking at the European Convention on Human Rights as one hope for a power capable of exerting influence …
The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner
The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last decade, the European Union has begun actively legislating in the area of criminal justice. The 2009 Treaty of Lisbon expressly acknowledged the EU’s authority to pass criminal laws with respect to certain serious offenses with a cross-border dimension. This explicit grant of powers is the culmination of a remarkable evolution in the European Union’s identity — from an organization devoted primarily to economic integration to a political union that increasingly resembles a federal state.
This Article argues that the EU has used its powers to criminalize not only to address practical needs, but also to reaffirm its …
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a Grand Chamber of the European Court of Human Rights decision which considered whether disparate outcomes from different court systems of the same state evaluating the same set of facts constituted a violation of the European Convention’s right to a fair hearing. While discussion of micro level Turkish procedural issues is required, the Şahin case also provides broader, macro lessons on the legitimacy of military court decisions.
The Elusive Ideal Of Market Competition In U.S. Health Care, Nathan Cortez
The Elusive Ideal Of Market Competition In U.S. Health Care, Nathan Cortez
Faculty Journal Articles and Book Chapters
This chapter, in the book Health Care and EU Law (TMC Asser Press 2011), explores how market competition has both driven and (somewhat ironically) undermined U.S. health reform efforts over the past few decades. More than its peers, the U.S. health care system looks to market-inspired theories and policy instruments, even in public programs like Medicare. But decades of promoting market ideals has not given Americans the health care system we desire. Still, the market question remains the basic dividing line in U.S. health policy.
This chapter explores how the U.S. health care system remains an international outlier, exploring American …
Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey, Chris Jenks
Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a Grand Chamber of the European Court of Human Rights decision which explains the application of the European Convention on Human Rights and Fundamental Freedoms on disappearances stemming from armed conflict. The Varnava judgment is particularly instructive on the balance of competing tensions; the unique aspects of disappearances; failure to investigate as a continuous violation; and applicant’s obligations under the Convention to exhaust domestic remedies and timely petition the Court.
Vladimir Putin And The Rule Of Law In Russia, Jeffrey D. Kahn
Vladimir Putin And The Rule Of Law In Russia, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
During his two terms as President of Russia, did Vladimir Putin further the net development of a legal culture in Russia? This article is based on public lectures given in late 2007 and early 2008 at Oxford University, the Norwegian Institute of International Affairs (NUPI), and the Kennan Institute at the Woodrow Wilson International Center for Scholars.
This article examines three "windows" into the development of Russia's legal culture under Vladimir Putin: (1) the Second Chechen War; (2) Russian membership in the Council of Europe; and, (3) renewed efforts under Putin at codification of law, as evidenced by the creation …
Russia's 'Dictatorship Of Law' And The European Court Of Human Rights, Jeffrey D. Kahn
Russia's 'Dictatorship Of Law' And The European Court Of Human Rights, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This article is an adaptation of a lecture given at St. Antony's College, Oxford on 5 July 2003 in honor of the fiftieth anniversary of the Centre for Russian and East European Studies at Oxford University. The author evaluates the effect of the European Convention on Human Rights on Russian law and politics. Russia has been a signatory to the Convention for five years. The author argues that the full power of the Convention as a force for reform in Russia was unanticipated at the time of Russia's accession. Nevertheless, the Convention has been the catalyst for substantial reforms, especially …
Detailed Fact Pleading: The Lessons Of Scottish Civil Procedure, Elizabeth G. Thornburg
Detailed Fact Pleading: The Lessons Of Scottish Civil Procedure, Elizabeth G. Thornburg
The International Lawyer
No abstract provided.
Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn
Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …
A Cheshire Cat Affair: The European-Type Company And Its Meaning For The American Enterprise In The European Community, Joseph J. Norton
A Cheshire Cat Affair: The European-Type Company And Its Meaning For The American Enterprise In The European Community, Joseph J. Norton
Faculty Journal Articles and Book Chapters
No abstract provided.
The Common Commercial Policy Of The Eec: Developments In The Final Stage, Joseph J. Norton
The Common Commercial Policy Of The Eec: Developments In The Final Stage, Joseph J. Norton
Faculty Journal Articles and Book Chapters
No abstract provided.
Doing Business And U.S. Commercial Treaties: The Case With The Member States Of The Eec, Joseph J. Norton
Doing Business And U.S. Commercial Treaties: The Case With The Member States Of The Eec, Joseph J. Norton
Faculty Journal Articles and Book Chapters
No abstract provided.
The Heart Of The Matter: U.K. And The Eec, The Problem Of Agriculture, Joseph J. Norton
The Heart Of The Matter: U.K. And The Eec, The Problem Of Agriculture, Joseph J. Norton
Faculty Journal Articles and Book Chapters
No abstract provided.