How To Cut The Cheese: Homonymous Names Of Registered Geographic Indicators Of Foodstuffs In Regulation 510/2006,
2010
Boston College Law School
How To Cut The Cheese: Homonymous Names Of Registered Geographic Indicators Of Foodstuffs In Regulation 510/2006, Kaiko Shimura
Boston College International and Comparative Law Review
Since the 15th century, European states have sought to protect certain foodstuffs originating from a designated geographic location. When multilateral and bilateral agreements failed to establish sufficient protection amongst the European Community member states, the European Community sought to establish uniform standards of protection by adopting Regulation 2081/92 in 1992. While an important step in the harmonization of varying European state practices, Regulation 2081/92 failed to address the problem of names that are homonymous to registered, protected names. In 2006, the European Community attempted to address this issue in Regulation 510/2006. This Note explores the issue of “homonymous names” and …
To Have And To Hold: The Future Of Dna Retention In The United Kingdom,
2010
Boston College Law School
To Have And To Hold: The Future Of Dna Retention In The United Kingdom, Jason M. Swergold
Boston College International and Comparative Law Review
The United Kingdom’s National DNA Database, in existence since 1995, is now in jeopardy after the European Court of Human Rights ruled that the United Kingdom’s DNA retention policy violates a person’s right to a private life under the European Convention on Human Rights. The retention program is the most sweeping in the world and had previously withstood a number of challenges in British courts. The ECHR decision now presents the United Kingdom with the problem of complying with the judgment while protecting the Database it has built over the last three decades. The question that remains is whether the …
American Exceptionalism, The French Exception, Intellectual Property Law, And Peer-To-Peer File Sharing On The Internet, 10 J. Marshall Rev. Intell. Prop. L. 95 (2010),
2010
UIC School of Law
American Exceptionalism, The French Exception, Intellectual Property Law, And Peer-To-Peer File Sharing On The Internet, 10 J. Marshall Rev. Intell. Prop. L. 95 (2010), Lyombe Eko
UIC Review of Intellectual Property Law
A fundamental problem confronting policy makers is how to apply intellectual property rules and regulations developed for tangible intellectual property assets in real space to intangible,dematerialized intellectual property in cyberspace. The United States and France are self-described exceptionalist countries. American exceptionalism refers to the historical tendency of the United States to emphasize its unique status as the beacon of liberty, while l’exception française (the French exception) refers to the French ideological posture that emphasizes the specificity and superiority of French culture. American exceptionalism and l’exception française are functionally equivalent theoretical constructs that describe and explain how the United States and …
The Decision From The Court Of First Instance That Destroyed The European Union Emissions Trading Scheme,
2010
Pacific McGeorge School of Law
The Decision From The Court Of First Instance That Destroyed The European Union Emissions Trading Scheme, Trevor E. Carson
Global Business & Development Law Journal
No abstract provided.
Is The European Laboratory Over-Reach-Ing - The Experimentation, Reaction And Product Yielded By The European Union's Registration, Evaluation, And Authorization Of Chemicals,
2010
Villanova University Charles Widger School of Law
Is The European Laboratory Over-Reach-Ing - The Experimentation, Reaction And Product Yielded By The European Union's Registration, Evaluation, And Authorization Of Chemicals, Conrad Bendetto
Villanova Environmental Law Journal
No abstract provided.
A Common Lawyer’S Perspective On The European Perspective On Punitive Damages,
2010
University of Georgia School of Law
A Common Lawyer’S Perspective On The European Perspective On Punitive Damages, Michael Wells
Scholarly Works
Punitive damages are generally available in common law jurisdictions, but are disfavored in civil law systems. This paper argues that the main reasons for the difference are historical and cultural. Roman law and the French Revolution heavily influenced the civil law. Civilians were taught that legal development comes from the top down. They learned to treat law as a system of general principles and to resist anomalies. They found it relatively easy to reject the intrusion of criminal themes into private law. The common law developed one case at a time, with no particular emphasis on systematic coherence. It was …
Four Challenges To Financial Regulatory Reform,
2010
Villanova University Charles Widger School of Law
Four Challenges To Financial Regulatory Reform, Eric J. Pan
Villanova Law Review
The article discusses the challenges that should be addressed in a successful financial regulatory reform. These challenges include the structuring of regulatory systems, separation of prudential supervision and consumer protection regulation, the entity responsible for monitoring and managing systemic risk, and the supervision of cross-border financial services and transactions. The reform proposals considered by Great Britain, the U.S., and European Union are analyzed.
From Kosovo To Catalonia: Separatism And Integration In Europe,
2010
St. John's University School of Law
From Kosovo To Catalonia: Separatism And Integration In Europe, Christopher J. Borgen
Faculty Publications
In July 2010 the International Court of Justice rendered its Advisory Opinion on the legality of Kosovo's declaration of independence and the Constitutional Court of Spain rendered an opinion concerning the autonomy of Catalonia. Two very different cases, from very different places, decided by very different courts. Nonetheless, they each provide insights on the issue of separatism in the midst of European integration. Does the Kosovo opinion open the door for other separatist groups? Does the process of European integration increase or undercut separatism? In addressing these questions, this article proceeds in three main parts. Part A briefly recaps the …
Promoting The Rule Of Law: Cooperation And Competition In The Eu-Us Relationship,
2010
University of Pittsburgh School of Law
Promoting The Rule Of Law: Cooperation And Competition In The Eu-Us Relationship, Ronald A. Brand
Articles
Both the United States and the European Union fund programs designed to develop the rule of law in transition countries. Despite significant expenditures in this area, however, neither has developed either a clear definition of what is meant by the rule of law or a catalogue of programs that can result in coordination of rule of law efforts. This article is the result of a presentation at a May 2010 policy conference at the University of Pittsburgh School of Law, at which U.S. and EU government officials, scholars, and practitioners discussed the concept of rule of law and efforts to …
Transnational Class Actions And Interjurisdictional Preclusion,
2010
University of PIttsburgh School of Law
Transnational Class Actions And Interjurisdictional Preclusion, Rhonda Wasserman
Articles
As global markets expand and trans-border disputes multiply, American courts are pressed to certify transnational class actions -- i.e., class actions brought on behalf of large numbers of foreign citizens or against foreign defendants. While the Supreme Court's recent decision in Morrison v. National Australia Bank Ltd. is likely to reduce the number of "foreign-cubed" or "f-cubed" securities fraud class actions filed in the United States (at least in the short term), it is unlikely to inhibit the filing of transnational class actions involving securities listed on domestic stock exchanges, transnational class actions raising claims that arise under federal laws …
Judicial Review Under A British War Powers Act,
2010
Vanderbilt University Law School
Judicial Review Under A British War Powers Act, David Jenkins
Vanderbilt Journal of Transnational Law
This Article considers how U.K courts might exercise review under a hypothetical British "war powers act," in the event that the current Labour Government or an incoming Tory one responds to calls to reform the Royal War Prerogative and Parliament passes such a statute. The Article undertakes a comparative study, analyzing how U.S. courts apply the political question doctrine in war powers cases. It suggests that they apply the doctrine in a way that assesses the justiciability of the particular subject matter of a case, thereby supporting deference to the political branches in most war powers cases without foreclosing review …
Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey,
2010
Southern Methodist University, Dedman School of Law
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.
Leveraging Asylum,
2010
University of Michigan Law School
Leveraging Asylum, James C. Hathaway
Articles
I believe that the analysis underlying the leveraged right to asylum is conceptually flawed. As I will show, there is no duty of non-refoulement that binds all states as a matter of customary international law and it is not the case that all persons entitled to claim protection against refoulement of some kind are ipso facto entitled to refugee rights. These claims are unsound precisely because the critical bedrock of a real international legal obligation-namely, the consent of states evinced by either formal commitments or legally relevant actions -does not yet exist.
Sovereignty, Integration And Tax Avoidance In The European Union: Striking The Proper Balance,
2010
Georgetown University Law Center
Sovereignty, Integration And Tax Avoidance In The European Union: Striking The Proper Balance, Lilian V. Faulhaber
Georgetown Law Faculty Publications and Other Works
As the need to raise revenue becomes more pressing and public opposition to tax avoidance increases, the European Court of Justice has made it more difficult for the twenty-seven Member States of the European Union to prevent tax avoidance and shape fiscal policy. This article introduces the new anti-avoidance doctrine of the European Court of Justice and analyzes it from the perspective of taxpayers, Member States and the European Union legal order as a whole. This doctrine is problematic becasue it has created a legislative vacuum in Europe. No European Union institution has the authority to regulate direct taxation without …
Digital Multi-Media And The Limits Of Privacy Law,
2010
University of PIttsburgh School of Law
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Articles
While digital video and multi-media technologies are becoming increasingly prevalent, existing privacy laws tend to focus on text-based personal records. Individuals have little recourse when concerned about infringements of their privacy interests in audio, video, and multi-media files. Often people are simply unaware that video or audio records have been made. Even if they are aware of the existence of the records, they may be unaware of potential legal remedies, or unable to afford legal recourse. This paper concentrates on the ability of individuals to obtain legal redress for unauthorized use of audio, video and multi-media content that infringes their …
Freeze-Outs: Transcontinental Analysis And Reform Proposals,
2010
Penn State Law
Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo
Journal Articles
One of the most crucial, but systematically neglected, comparative differences between corporate law systems in Europe and in the United States concerns the regulations governing freeze-out transactions in listed corporations. Freeze-outs can be defined as transactions in which the controlling shareholder exercises a legal right to buy out the shares of the minority, and consequently delists the corporation and brings it private. Beyond this essential definition, the systems diverge profoundly. This gap exists despite the fact that minority freeze-outs are one of the most debated issues in corporate law, in the public media, in a vast body of scholarly work …
Constitutionalising An Overlapping Consensus: The Ecj And The Emergence Of A Coordinate Constitutional Order,
2010
Columbia Law School
Constitutionalising An Overlapping Consensus: The Ecj And The Emergence Of A Coordinate Constitutional Order, Charles F. Sabel, Oliver H. Gerstenberg
Faculty Scholarship
The European Court of Justice's (ECJ's) jurisprudence of fundamental rights in cases such as Schmidberger and Omega extends the court's jurisdiction in ways that compete with that of Member States in matters of visceral concern. And just as the Member States require a guarantee that the ECJ respect fundamental rights rooted in national tradition, so the ECJ insists that international organisations respect rights constitutive of the EU. The demand of such guarantees reproduces between the ECJ and the international order the kinds of conflicting jurisdictional claims that have shadowed the relation between the ECJ and the courts of the Member …
Litigating The Nap: Legal Challenges For The Emissions Trading Scheme Of The European Union,
2009
Lund University
Litigating The Nap: Legal Challenges For The Emissions Trading Scheme Of The European Union, Sanja Bogojević
Sanja Bogojević
No abstract provided.
Structural Guarantees - The Union's Last Best Hope Against National Arbitrariness,
2009
Selected Works
Structural Guarantees - The Union's Last Best Hope Against National Arbitrariness, Angelica Ericsson
Angelica Ericsson
In line with current tendencies of ‘new governance’, this article will introduce a novel judicial tool which strikes a balance between the respect for national assessments and the effective implementation of Union law.This balance can be struck through the demands of structural guarantees; administrative safeguards, which weed out arbitrary national decision-making. The provision of transparent and accessible legislation, administrative procedures based on objective criteria, as well as the access to effective judicial review are all specific examples of structural guarantees. Together they create a system of checks to prevent discretion from turning into arbitrariness. All of these demands are ultimately …
Bränsle För Ett Bättre Klimat - Marknad Och Politik För Biobränslen,
2009
Law Faculty, University of Lund
Bränsle För Ett Bättre Klimat - Marknad Och Politik För Biobränslen, Cecilia Hammarlund, Karin Ericsson, Helena Johansson, Robert Lundmark, Anna Olsson, Evgenia Pavlovskaia, Fredrik Wilhelmsson
Evgenia Pavlovskaia
No abstract provided.
