The Timing And Source Of Regulation, 2014 Seattle University School of Law
The Timing And Source Of Regulation, Frank Partnoy
Seattle University Law Review
The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and ...
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, 2014 Seattle University School of Law
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon
Seattle University Law Review
Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It ...
Are Defined Contribution Pension Plans Fit For Purpose In Retirement?, 2014 Seattle University School of Law
Are Defined Contribution Pension Plans Fit For Purpose In Retirement?, Jeremy R. Cooper
Seattle University Law Review
This Article considers the historical basis for the shift from defined benefit plans to defined contribution plans, the structural and practical shortcomings of defined contribution plans, alternate pension models, and adjustments to existing retirement plan models that may offer a degree of protection to plan contributors. Like the United States, Australia is now realizing the limitations of a defined contribution retirement system insofar as it relates the provision of reliable retirement income for a population with increasing life expectancy. Unlike defined contribution plans, defined benefit plans provide a benefit based typically on time served and a predetermined proportion of either ...
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, 2014 Seattle University School of Law
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Seattle University Law Review
The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote ...
Conceptualizing Capacity: Interpreting Canada’S Qualified Ratification Of Article 12 Of The Un Disability Rights Convention, Nicholas Caivano
Western Journal of Legal Studies
During the negotiations leading up to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), States Parties vigorously debated the scope of Article 12, which establishes legal capacity for persons with disabilities “on an equal basis with others in all aspects of life.” The ambiguity of Article 12 has led to many interpretations that have been the subject of debate among human rights activists and academics. Developments in the jurisprudence and legislative reforms across several jurisdictions indicate that governments and courts have begun to grapple with what recognizing the right to legal capacity for persons with disabilities ...
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, 2014 Pepperdine University
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor
The Journal of Business, Entrepreneurship & the Law
The European Union (“EU”) is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the EU and the intellectual property law of the member states. The European Court of Justice (“ECJ” or “the Court”) has been faced with dozens of complex cases arising out of conflicts between the national law of the member states and the Articles of the Treaty on the Functioning of the European ...
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, 2014 SelectedWorks
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling
Theodor JR Schilling
Invoking State immunity in court proceedings is a way for a State to prevent judicial scrutiny of its responsibility for its actions. Such scrutiny, however, is the main raison d'être at least of those human rights regimes that provide for a supervision of States' compliance with human rights. It would therefore come as no surprise if human rights jurisprudence, especially the jurisprudence of the European Court of Human Rights would prove to be a challenge to State immunity. However, it is not, or, at most, in a roundabout way.
On Equal Footing, 2014 SelectedWorks
On Equal Footing, Theodor Jr Schilling
Theodor JR Schilling
The accession of the EU to the ECHR is envisaged to occurr on a basis of “equal footing“ of the EU with the ECHR's State contracting parties. The article questions the appropriateness of this approach. Based on extant treaty practice concerning the accession of one international organisation to another, it shows that “equal footing“ is only very exceptionally granted to an acceding international organisation. It does not find any reasons to grant the EU such an exceptional treatment. Considering the envisaged provisions in turn and appraising them on a balance of interests basis does not lead to a fundamentally ...
Preventing And Countering The Financing Of Terrorism Within The Roman Catholic Church, Ryan J. Pulkrabek
Ryan J Pulkrabek
The Holy See/Vatican City State has taken vast measures toward international compliance with Anti-Money Laundering/Countering Financing of Terrorism laws since 2010. The HS/VCS submitted its original AML/CFT law to a MONEYVAL review. The key takeaway from the MONEVYAL assessment was that the Vatican has come a long way in a short period of time. Most of the deficiencies will be ironed out with continued communication with MONEYVAL, trial and error of enforcing Laws NN. CLXVI and XVIII, and continued efforts toward compliance with other international counter-terrorism conventions. Notably, Law No. CLXVI was passed after MONEYVAL’s ...
Law, Objectives Of Government And Regimes Of Truth: Foucault’S Understanding Of Law And The Transformation Of The Law Of The Eu Internal Market, 2014 Lund University, Faculty of Law
Law, Objectives Of Government And Regimes Of Truth: Foucault’S Understanding Of Law And The Transformation Of The Law Of The Eu Internal Market, Leila Brännström
Drawing on Security, Territory, Population and The Birth of Biopolitics, this article aims, firstly, to consolidate our understanding of Foucault’s engagement with law by fleshing out his approach to law and by clarifying that he distinguishes between different kinds of law on the basis of the objectives that law serves and the regime of truth that it embodies. Secondly, using this understanding, the article proceeds to analyze the transformation of EU internal market law in the last few decades and to argue that this body of law today performs the tasks of law in neoliberal government as pointed out ...
The Shifting Parameter, 2014 SelectedWorks
The Shifting Parameter, Maria Giulia Bernardini, Orsetta Giolo
Maria Giulia Bernardini
Equality is one of the most important and controversial concepts of contemporary philosophical and juridical thought. Alongside problems concerning its content, the so-called critical theories debate the neutrality associated to its abstract formulation. Indeed, traditional conceptions of equality do not make clear the asymmetrical positions of the individuals involved in the relation of equality, masking that these are relations of domination and oppression. In this way, they give priority to individuals who have a position of power in the society. Conversely, critical theories focus on the weak part of the relation, and fight to obtain recognition of the different groups ...
International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten
Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? The authors develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. The authors examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual and transgender (LGBT) issues by creating a new dataset that matches these rulings with laws in all Council of Europe (CoE) member states. The ...
Civis Europeus Sum? Social Assistance And The Right To Reside In Eu Law., 2014 SelectedWorks
Civis Europeus Sum? Social Assistance And The Right To Reside In Eu Law., Mel Cousins
This article examines the current status of EU law as regards making a right to social assistance dependent on having a legal right to reside in the ‘host’ member state. In particular, it looks at the recent decision by the Court of Justice of the European Union (CJEU) in Brey and discusses whether this ruling helps to clarify the legal position.
The Eu Policy For Sustainable Transport Biofuels And Directive 2009/28/Ec From A Legal Perspective, 2014 Lund University, Faculty of Law
The Eu Policy For Sustainable Transport Biofuels And Directive 2009/28/Ec From A Legal Perspective, Evgenia Pavlovskaia
The enforcement and implementation of separate aspects of sustainable development and environmental sustainability can be challenging and innovative due to the complexity of this task. Appropriate policy and legal approaches and tools can be needed for this purpose. In this article, the European Union (EU) experience of developing the framework for sustainable transport biofuels and special structural elements for its enforcement are highlighted and analyzed. The central legal acts in this area, including Directive 2003/30/EC, Directive 2009/30/EC and Directive 2009/28/EC are explored. Advantages and disadvantages of the EU approach to sustainable transport biofuels are ...
Legal Analysis Of The Eu Policy For Sustainable Transport Biofuels, 2014 Lund University, Faculty of Law
Legal Analysis Of The Eu Policy For Sustainable Transport Biofuels, Evgenia Pavlovskaia
Warnings about limited oil resources, as well as the necessity to reduce GHG emissions and secure energy supply1 have become prioritized issues on the EU agenda. It has been suggested to partially replace traditional fossil fuels with other sources of renewable energy, for example with biofuels in the transport sector. This has been seen as a promising solution for complications connected with the extraction and supply of oil, as well as for the reduction of GHG emissions. It has also become understandable that the quality of biofuels and their production methods need to be sustainable. The material, from which biofuels ...
Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels In Directive 2009/28/Ec, 2014 Lund University, Faculty of Law
Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels In Directive 2009/28/Ec, Evgenia Pavlovskaia
To function efficiently, a framework in environmental law should contain certain mechanisms or supplementary elements that facilitate the implementation and enforcement of environmental regulations, for example such mechanisms and elements that answer for the control and supervision of the legislated requirements. Appropriately organized control mechanisms are important for a legal framework to function as it has been aimed for and to fulfill its purposes. The present article is focused on the analysis of the mechanisms chosen to control the fulfillment of the European Union (EU) sustainability criteria for transport biofuels, which have been presented in Directive 2009/28/EC. The ...
Export Controls: A Contemporary History, 2013 Purdue University
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
Seconda Giornata Della Bilateralità - 5 Dicembre 2013, 2013 SelectedWorks
Seconda Giornata Della Bilateralità - 5 Dicembre 2013, Michele Faioli
Workshop di presentazione della ricerca sulla bilateralità italiana e europea
A Propósito De Un Elemento Esencial De La Defensa De La Competencia En Europa: Las Facultades De Investigación De La Comisión En Materia De Inspección (About An Essential Element Of The European Antitrust: Commission Investigation Faculties Of Inspection), 2013 SelectedWorks
A Propósito De Un Elemento Esencial De La Defensa De La Competencia En Europa: Las Facultades De Investigación De La Comisión En Materia De Inspección (About An Essential Element Of The European Antitrust: Commission Investigation Faculties Of Inspection), Jesús Alfonso Soto Pineda
Jesús A. Soto
En base a la prolongación de las facultades de investigación que le han sido proporcionadas a la Comisión Europea para combatir la existencia de acuerdos colusorios en el ámbito comunitario, el presente artículo expone las condiciones en las cuales el poder percibido con mayor sensibilidad desde el terreno empresarial, la inspección, debe ser puesto en marcha por la máxima autoridad comunitaria de competencia, analizando en detalle la contradicción natural que se presenta entre los objetivos propios de la inspección y dos postulados básicos relacionados con el derecho de defensa, como lo son el secreto profesional y el derecho a guardar ...
ევროკავშირის მმართველობის კონსტიტუციური პრინციპები, 2013 SelectedWorks
ევროკავშირის მმართველობის კონსტიტუციური პრინციპები, Giorgi Alasania
No abstract provided.