European Law Commons^™

Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

The European Union After Lisbon: Is The Ugly Duckling A Swan Yet, James D. Dinnage

Villanova Law Review

An essay is presented on the political and social conditions in the European Union (EU) as of July 2011, focusing on the impact felt by the EU from the 2007 signing of the Treaty of Lisbon which amends the Treaty of Maastricht. A historical overview of the EU is presented, as well as information on the requirement that the EU countries abide by the terms of the European Convention on Human Rights.

Combating Discrimination Against The Roma In Europe: Why Current Strategies Aren’T Working And What Can Be Done, Erica Rosenfield

Human Rights & Human Welfare

In the summer of 2010, the forced expulsion of many Roma from Western to Eastern Europe captured headlines and world attention, yet this practice simply represented the latest manifestation of anti-Roma sentiment in Europe. Indeed, the Roma—numbering over ten million across Europe, making them the continent’s largest minority—face discrimination in housing, education, healthcare, employment, and law enforcement; widespread prejudice against this group shows no evidence of receding. There is, however, certainly no shortage of national and supranational policies aiming to promote inclusion and equality for the Roma.

A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow

Articles

Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.

Top-Down Or Bottom-Up? A Look At The Unification Of Private Law In Federal Systems, Daniel Halberstam, Mathias Reimann

Book Chapters

At its current stage, European private law is still more an aspiration than a reality. It is true that there is a substantial body of European private law on the Union level; and it is also true that there are private law principles and rules shared by many—often by most, and sometimes even by all—European legal systems. Still, in most areas, we do not at present have one body of positive private law for all of Europe, but rather a coexistence of more or less similar national laws. Thus, to the extent one considers a European private law desirable, one …

No Longer A Privileged Few: Expense Claims, Prosecution And Parliamentary Privilege, Yvonne Tew

Georgetown Law Faculty Publications and Other Works

THE publication of the expenses claims of Members of Parliament by the Daily Telegraph in 2009 revealed false claims made by MPs for costs incurred in the performance of their Parliamentary duties. David Chaytor, James Devine, and Elliot Morley, three MPs, were subsequently charged with false accounting, under section 17(l)(b) of the Theft Act 1968, for claiming non-existent expenses. The MPs argued that the criminal courts did not have jurisdiction to try their cases because they were protected by parliamentary privilege. This contention was rejected in the Crown Court and the Court of Appeal. The Lord Chief Justice, giving judgment …

The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand

Articles

This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …

Inside-Out Corporate Governance, David A. Skeel Jr., Vijit Chahar, Alexander Clark, Mia Howard, Bijun Huang, Federico Lasconi, A.G. Leventhal, Matthew Makover, Randi Milgrim, David Payne, Romy Rahme, Nikki Sachdeva, Zachary Scott

All Faculty Scholarship

Until late in the twentieth century, internal corporate governance—that is, decision making by the principal constituencies of the firm—was clearly distinct from outside oversight by regulators, auditors and credit rating agencies, and markets. With the 1980s takeover wave and hedge funds’ and equity funds’ more recent involvement in corporate governance, the distinction between inside and outside governance has eroded. The tools of inside governance are now routinely employed by governance outsiders, intertwining the two traditional modes of governance. We argue in this Article that the shift has created a new governance paradigm, which we call inside-out corporate governance.

Using the …

"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg

Faculty Scholarship

The "Wittem Group" of copyright scholars has proposed a "European Copyright Code," to "serve as an important reference tool for future legislatures at the European and national levels." Because, notwithstanding twenty years of Directives and a growing ECJ caselaw, copyright law in EU Member States continues to lack uniformity, the Wittem Group’s endeavor should be welcomed, at least as a starting point for reflection on the desirable design of an EU copyright regime. Whether or not the proposed Code succeeds in influencing national or Community legislation, it does offer an occasion to consider the nature of the rights that copyright …

Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles

Articles

The law of exclusionary vertical restraints-contractual or other business relationships between vertically related firms-is deeply confused and inconsistent in both the United States and the European Union. A variety of vertical practices, including predatory pricing, tying, exclusive dealing, price discrimination, and bundling, are treated very differently based on formalistic distinctions that bear no relationship to the practices' exclusionary potential. We propose a comprehensive, unified test for all exclusionary vertical restraints that centers on two factors: foreclosure and substantiality. We then assign economic content to these factors. A restraint forecloses if it denies equally efficient rivals a reasonable opportunity to make …

Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann

Faculty Scholarship

European Union ("EU" or "Union") law and the law of international arbitration have traditionally occupied largely separate worlds, as if arbitral tribunals would rarely be the fora for the resolution of EU law claims and as if EU law, in turn, had little concern with arbitration. For several reasons, this pattern has recently been altered, although the relationship between EU law and international arbitration law is at present anything but settled. From the present perspective, the past looks like an age of innocence, for as these two worlds have begun to intersect, they have not done so entirely harmoniously.

Part …

E.U. Accountability To International Law: The Case Of Asylum, James C. Hathaway

Articles

In one of his later published works, Eric Stein wrote that "[a]s modern administrative state, transparency in the Union is essential not only to inform member state parliaments and electorates, but also to help form an all-European debate and public opinion that are required to sustain advanced integration."' In his usual prescient way, Professor Stein captured the dilemma of the European Union as it has shifted from an amalgam of states seeking consensus in a largely behind-closed-doors way to what many would see as an emerging federal state. With its undoubted ability to project power, will the European Union effectively …

E.U. Law In U.S. Legal Academia, Daniela Caruso

Faculty Scholarship

The history of EU law in the JD curriculum is a classical tale of rise and fail. An avant garde, boutique offering in the 1970s, and a fairly popular course in the 1990s, today EU law in US law schools is slowly losing prominence. This Article begins by tracking this parabolic trajectory and argues that the discipline both rose and fell for contingent reasons that are mostly unrelated to its pedagogical and analytical significance. The Article then provides a critical appraisal of what EU law is uniquely poised to offer both in the classroom and as a subject for legal …

Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels

Faculty Scholarship

Downloadable Document is in German

Summary

1. The private lawyer’s role is inseparably connected with the paradigms and doctrines of private law. This is so because the role played by private lawyers constitutes a large part of their understanding of the discipline. At the same time, the shared understanding of the discipline has necessary consequences for the roles played by lawyers in it.

2. Roles and role perceptions in private law are contingent upon space and time. The most important factor affecting private lawyers today is the growing detachment of private law from the state, through globalization, Europeanization, and privatization …

Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague

Robert Sprague

This Article examines the contrasting policy and legal frameworks relating to data privacy in the United States and the European Union, with a particular focus on workplace privacy and intrusive surveillance technologies and practices. It examines the U.S. perspective on modern work-related employer monitoring practices, the laws giving rise to possible employee privacy rights, and specific types of employer monitoring that may lead to actionable invasions of employee privacy rights. This article then addresses the issue of employee privacy from the EU perspective, beginning with an overview of the formation of authority to protect individual privacy rights, followed by an …

"Registrations In The National Record Of Undesirable Foreigners And The Schengen Information System (Sis)" [Translated Title] - "Εγγραφή Και Διαγραφή Από Τον Εθνικό Κατάλογο Ανεπιθυμήτων Αλλοδαπών Και Το Σύστημα Πληροφοριών Σένγκεν" [Original Title], Eleni Karageorgiou

Eleni Karageorgiou

Swedish National Implementation Of The Sustainability Criteria For Transport Biofuels From Directive 2008/29/Ec; Questionnaire, Evgenia Pavlovskaia

Evgenia Pavlovskaia

This paper contains a preliminary list of questions about the Swedish national implementation of the EU sustainability criteria for transport biofuels from Directive 2008/29/EC. This questions have been used as a background for informal conversations with people who have been engaged in the implemention of the EU sustainability criteria at the Swedish national level.

Structural Guarantees For The State Aid Field. The Community's Last Best Hope Against National Arbitrariness., Angelica Ericsson

Angelica Ericsson

In line with current tendencies of ‘new modes of governance’, this essay introduces judicial tools, which strike a balance between the respect for national autonomy in individual assessments and the effective implementation of Community law. The balance is struck through the demands of structural guarantees; administrative safeguards, which weed out arbitrary national decision-making. These administrative safeguards are particularly needed in areas where the Member States of the EU have been granted a wide margin of discretion.

Examples of demands for structural guarantees are the provision of transparent and accessible legislation and administrative procedures based on objective criteria, as well as …

Short Summaries Of Two Main Speeches, Evgenia Pavlovskaia

Evgenia Pavlovskaia

This paper contains short summaries of two main speeches made during the NELN+ Conference in Lund in October 2011. The first speaker, Nicolas de Sadeleer from Belgium, talked about the issues of precautionary measures in situations of scientific uncertainty. He presented an overview of the relevant EU case-law from the General Court and the Court of Justice. The central question that was highlighted concerned the space left to the EU Commission and Council to determine how “safe is safe”. The second speaker, Hillevi Eriksson from Sweden, reflected on the results of her research within the topic “Knowledge Needed for Climate …

El Ejercicio Y La Prescripción De Las Acciones Cambiarias, David García

David García

No abstract provided.