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Recent Articles in European Law
Justifications And Proportionality: An Analysis Of The Ecj's Assessment Of National Rules For The Prevention Of Tax Avoidance, Maria Hilling 
Lund University, Faculty of Law
Justifications And Proportionality: An Analysis Of The Ecj's Assessment Of National Rules For The Prevention Of Tax Avoidance, Maria Hilling
Maria Hilling
This article deals with the limitations imposed by the Treaty on the Functioning of the European Union (TFEU) on Member States´right to prevent tax avoidance and protect national tax bases. It focuses on some recent ECJ case law developments. One central question concerns the implications of the legal situation for Member States´ tax legislators.
The Behavior Of The French Army During The Dreyfus Affair, General André Bach 
Touro College Jacob D. Fuchsberg Law Center
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
Touro Law Review
Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran Touro College Jacob D. Fuchsberg Law Center
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
Touro Law Review
Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Touro College Jacob D. Fuchsberg Law Center
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Touro Law Review
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
Democracy, Courts And The Information Order, Gillian K. Hadfield, Dan Ryan 
BLR
Democracy, Courts And The Information Order, Gillian K. Hadfield, Dan Ryan
University of Southern California Law and Economics Working Paper Series
Conventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of the legal process is common, that there is too much litigation, that it is “all about the money,” and that “a bad settlement is better than a good trial.” This constellation of attitudes that emphasize the economic function of law suggests that courts are an expensive conflict resolution mechanism of last resort and that their use would be minimized in a healthy market-based democracy. In this paper we apply a new sociological framework to understand the meaning and function of civil litigation in a democratic ...
My Paper Makes Ssrn Top Ten List, Gabriela Steier 
Duquesne University School of Law
My Paper Makes Ssrn Top Ten List, Gabriela Steier
Gabriela Steier
My paper, "THE WTO'S BLIND SPOT: DISPUTE RESOLUTION IN THE INTERNATIONAL FOOD INDUSTRY", was recently listed on SSRN's Top Ten download list for: Food Law & Policy eJournal, PSN: Politics of the WTO (Topic), PSN: Politics of the WTO (Topic), SRPN: Agribusiness (Topic), SRPN: Biotechnology (Topic), SRPN: Politics of Food (Topic) and SRPN: World Trade Organisation (Topic).
An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich 
Claremont Colleges
An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman Claremont Colleges
Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
When The State Harms Competition ― The Role For Competition Law, Eleanor M. Fox, Deborah Healey 
NELLCO
When The State Harms Competition ― The Role For Competition Law, Eleanor M. Fox, Deborah Healey
New York University Law and Economics Working Papers
This article is about the reach of antitrust laws to proscribe or override anticompetitive acts and measures of the states. While it was once the case that antitrust (or competition) laws were reserved for private restraints, a more modern view of the state and the market recognizes the integral relationship between them. The authors surveyed 32 jurisdictions and found that antitrust/competition laws of a number of jurisdictions condemned certain state acts and measures. This article describes and summarizes the research and combines the research findings with conceptual analysis to recommend relevant rules and principles that might be adopted as ...
Al-Skeini V. United Kingdom And Extraterritorial Jurisdiction Under The European Convention For Human Rights, Samantha Miko 
Boston College Law School
Al-Skeini V. United Kingdom And Extraterritorial Jurisdiction Under The European Convention For Human Rights, Samantha Miko
Boston College International and Comparative Law Review
In July 2011, the European Court of Human Rights (ECtHR) issued its judgment in Al-Skeini v. United Kingdom. This case prompted the court to reconsider its conflicting lines of case law on the extraterritorial application of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In its decision, the court validated both the “effective control of an area” and “State agent authority” models of analysis, which had until Al-Skeini both been employed by the court at different times to analyze the ECHR’s extraterritorial application. Ultimately, however, the court ruled under an augmented version of the “State ...
Kiyutin: Protecting The Human Rights Of Persons Living With Hiv/Aids Beyond Immigration, Sarah Levitan Boston College Law School
Kiyutin: Protecting The Human Rights Of Persons Living With Hiv/Aids Beyond Immigration, Sarah Levitan
Boston College International and Comparative Law Review
People living with HIV/AIDS face many difficulties. After the European Court of Human Rights’ decision in Kiyutin v. Russia, these difficulties may be fewer. Viktor Kiyutin brought his case before the court after Russia denied him a residence permit because he was HIV-positive. Although very few countries still have travel restrictions or immigration bans discriminating against people with HIV/AIDS, the court’s holding sets an important precedent. In making its decision on the basis of the anti-discrimination provision of Article 14 of the European Convention on Human Rights, the court has now brought health status within the protection ...
Great Accountability Should Accompany Great Power: The Ecj And The U.N. Security Council In Kadi I & Ii, Vanessa Arslanian Boston College Law School
Great Accountability Should Accompany Great Power: The Ecj And The U.N. Security Council In Kadi I & Ii, Vanessa Arslanian
Boston College International and Comparative Law Review
Over a decade ago, the United Nations (UN) Security Council added Yassin Abdullah Kadi’s name to a list of hundreds of individuals suspected of associating with Al-Qaida and the Taliban. The Security Council directed UN Member States to freeze the listed individuals’ assets and to limit their travel. The Council of the European Union (EC) subsequently passed regulations giving direct effect to the UN sanctions regime. In 2008, the European Court of Justice (ECJ) annulled one such implementing regulation, but assigned responsibility for remedying considerable due process defects inherent in the regime to Community institutions rather than the UN ...
Regulating Banking Bonuses In The European Union: A Case Study In Unintended Consequences, Kevin J. Murphy BLR
Regulating Banking Bonuses In The European Union: A Case Study In Unintended Consequences, Kevin J. Murphy
University of Southern California Law and Economics Working Paper Series
On 27 February 2013, the European Union (EU) reached a provisional deal to limit the amount of bankers' bonuses to the amount of fixed remuneration (i.e., a one-to-one ratio); the cap could be increased to 2:1 with the backing of a supermajority of shareholders. I demonstrate that the pending EU regulations restrictions will: (1) increase rather than decrease incentives for excessive risk taking; (2) result in significant increase in fixed remuneration; (3) reduce incentives to create value; (4) reduce the competitiveness of the EU banking sector; and (5) result in a general degradation in the quality of EU ...
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette Boston College Law School
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette
Boston College Law School Faculty Papers
The parallels between Francis Bacon’s career and that of Edward H. Cooper are obvious. Bacon was one of the great legal minds of his day and, unlike the common law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). My thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading, and is, in fact, the intellectual forebearer of the likes of ...
Europe's Raison D'Etre, Gráinne de Búrca NELLCO
Europe's Raison D'Etre, Gráinne De Búrca
New York University Public Law and Legal Theory Working Papers
What is the raison d’être of the European Union? Does it still make sense to ask this question today, at a time of social and economic crisis in Europe? Launched in 1952 as a kind of pilot project of limited economic integration with a view to securing greater peace and prosperity for its Member States, the EU has evolved into something much larger, more complex and more ambitious. This chapter argues, contrary to the recent suggestion of an influential commentator that the EU needs to abandon its ‘messianic’ origins and turn to ordinary process democracy, that the EU’s ...
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco 
University of San Francisco
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco
Master Theses
Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality ...
The Problem Of Holdout Creditors In Eurozone Sovereign Debt Restructuring, Mitu Gulati, Lee C. Buchheit, Ignacio Tirado 
Duke Law
The Problem Of Holdout Creditors In Eurozone Sovereign Debt Restructuring, Mitu Gulati, Lee C. Buchheit, Ignacio Tirado
Faculty Scholarship
The Eurozone official sector has declared that the belated restructuring of Greek bonds held by private sector creditors in 2012 was a “unique and exceptional” event, never, ever to be repeated in any other Eurozone country. Maybe so. But if this assurance proves in time to be as fragile as the official sector’s prior pronouncements on the subject of “private sector involvement” in Eurozone sovereign debt problems, any future Eurozone debt restructuring will be surely plagued by the problem of non-participating creditors --- holdouts. Indeed, it is the undisguised fear of holdouts and the prospect of a messy, Argentine-style debt ...
Systems Of Carbon Trading, Dr. Bruno Zeller Touro College Jacob D. Fuchsberg Law Center
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick McKinley Brennan BLR
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Villanova University School of Law Working Paper Series
This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle ...
Going Dutch: The Effects Of Domestic Restriction And Foreign Acceptance Of Class Litigation On American Securities Fraud Plaintiffs, Michael Palmisciano Boston College Law School
Going Dutch: The Effects Of Domestic Restriction And Foreign Acceptance Of Class Litigation On American Securities Fraud Plaintiffs, Michael Palmisciano
Boston College Law Review
This Note examines the intersection of two recent trends in aggregate litigation in the United States and Europe. In the United States, Congress and the U.S. Supreme Court have significantly restricted the utility of the class action mechanism, leaving many American plaintiffs with legitimate claims without recourse in the United States. Simultaneously, the European Union and its Member States have considered and implemented new mechanisms to facilitate the resolution of mass claims. The Netherlands employs a particularly useful aggregate litigation system. As a result of these two trends, this Note argues that Americans with securities fraud claims, who find ...
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Frans von der Dunk
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Gráinne de Búrca
NELLCO
Dimitra Blitsa
NELLCO
Yvonne Cripps
Maurer School of Law: Indiana University
Jost Delbruck
Maurer School of Law: Indiana University
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Kevin Murphy
BLR
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Popular Articles
Fundamentos Del Derecho Procesal Civil
The Greek Debt Exchange: An Autopsy
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The Problem Of Holdout Creditors In Eurozone Sovereign Debt Restructuring, Mitu Gulati
Theorizing The Odds: The European Union, Online Gambling Regulation And Integration Theory
German Criminal Justice As A Guide To American Law Reform: Similar Problems, Better Solutions?
International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence Helfer
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