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The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
Michigan Law Review
The European Community - that is, the factual entity composed of three legally separate communities which has been and still is one of the basic concerns of Eric Stein - cannot be understood without taking into account European history after 1933. As an irony of history, the stage for a new beginning was set by the man who destroyed the old Europe and who was the reason that so many academics left the "old country" for the new world. This new start was not only influenced by the determination of those Europeans who had lived through the darkness to overcome …
The Impact Of The Case Law Of The Court Of Justice Of The European Communities On The Economic World Order, Pieter Vanloren Van Themaat
The Impact Of The Case Law Of The Court Of Justice Of The European Communities On The Economic World Order, Pieter Vanloren Van Themaat
Michigan Law Review
Among Europeans, Eric Stein is generally considered to be the outstanding expert on European Community law in the United States. Now we Europeans flatter ourselves, of course, with the opinion that there are outstanding experts on Community law within Europe as well. Nevertheless, in my opinion, the reason why so many students and scholars from Europe have gone to Ann Arbor for post-graduate studies or research work on European Community law lies mainly in the fact that Eric Stein has always been appreciated as a great scholar in international law and the law of international organizations, as well as an …
Federalism And Company Law, Richard M. Buxbaum
Federalism And Company Law, Richard M. Buxbaum
Michigan Law Review
It would be a simplifying and historically dubious reduction to equate state interest in corporation law with interventionist or regulatory policies and federal interest with liberal or facilitative ones. So long as a federal legal system presupposes the continuing involvement of two governments with the same subject, however, it is only the subordinate polity's interest in intervention or regulation that makes for interesting reading. State facilitative policies in an era of national facilitative policies raise no questions, and a state's continuing adherence to laissez faire policies when the national government turns interventionist typically creates no conflict. It is only the …
How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann
How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann
Michigan Law Review
The concept of "two speeds" de lege ferenda and the connected question of possible flexibility in Community law de lege lata raise a number of highly complex institutional questions that go to the very roots of the Community system. We offer the following analysis of such questions to Eric Stein, whose writing and teaching have contributed so greatly to the understanding of the Community's foundations.
Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs
Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs
Michigan Law Review
This paper examines whether and to what extent private civil remedies are, as a matter of law, and ought to be, as a matter of policy, available in the courts of the EEC Member States for breach of the antitrust provisions of the Treaty establishing the European Economic Community (the Treaty of Rome). These questions are addressed in Part I. Part II sets the issues in the broader context of the enforcement of the Treaty obligations of Member States. In this way, it is hoped to elucidate the relationship between national law and Community law, and also indirectly to illuminate …
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
Michigan Law Review
An economic crisis with the dimensions of the one raging in the world today confronts the judiciary - as well as business undertakings, parliaments and governments, workers, their trade unions and other organizations - with new responsibilities. New areas of law suddenly come to the forefront and even those matters which would appear to be the most firmly settled call for a critical reexamination. Such rethinking may maintain what might otherwise be swept away, or improve what deserves to be changed by way of judicial decisions, or demonstrate that legislative action is both necessary and urgent.
The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard
The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard
Michigan Law Review
In 1971, Eric Stein published an account of the remarkable progress of the European Economic Community (EEC) toward a harmonized law of business corporations. The progress was particularly striking from an American viewpoint, because the harmonization was achieved by moving toward the more rigorous of the various national standards, in contrast to the "race of laxity" or "race for the bottom" that has characterized the movement toward uniformity in the corporation laws of U.S. states.
Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher
Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher
Michigan Law Review
That "Third World countries" should receive the assistance of the "industrialized nations" in increasing the level of their economic development is a matter beyond dispute. Yet the years following the "economic decade" of the 1970's have made apparent a crisis in the concepts underlying this philosophy of Third World assistance. The nature of this crisis has not yet been fully ascertained, and the following text does not undertake that task. Rather, it starts from the general feeling among experts involved in one way or another with "development aid" that the paths so far followed and the methods so far applied …
Legal Models For The International Regulation Of Exchange Rates, Joseph Gold
Legal Models For The International Regulation Of Exchange Rates, Joseph Gold
Michigan Law Review
No legal scholar has contributed more to the study of the harmonization of national interests by international agreement than Professor Eric Stein. This essay in his honor examines some of the efforts that have been made since the Bretton Woods Conference of July 1944 to bring order into the important international relationships that are called exchange rates. The subject has a further pertinence because of Eric Stein's work on the European Community. The law of the Community on exchange rates has been affected by the fortunes of the law of the International Monetary Fund (IMF). The Treaty of Rome relied …
Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson
Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson
Michigan Law Review
In this brief article I will confine myself to an analysis of the U.S. legal system pertaining to regulation of imports, deferring to other works an exploration of similar questions relating to regulation of exports or other international economic activities. First, however, I wish to touch on policies related to the legal structure of international rules for trade. This will help put the subject of this article in broader perspective, and although I will focus on U.S. domestic law measures, it will readily be seen that the international system depends greatly on national legal systems for its efficacy, and that …
The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars
The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars
Michigan Law Review
The question regarding the interrelationship between UN law and the law of other international organizations acquired actual significance in the Netherlands in the spring of 1983. At that time, the Dutch Government published a Note stating that, due to the strictures of international law embodied in the law of the European Economic Community (EEC) and European Coal and Steel Community (ECSC), the Benelux Economic Union, and the General Agreement on Tariffs and Trade (GATT), it could not impose unilateral sanctions against South Africa. In response to this Note, a group of public international law professors in the Netherlands issued a …
Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum
Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum
Michigan Law Review
In Toyko recently I called upon an official of the Ministry of International Trade and Industry (MITI) to discuss trade frictions between the United States and Japan. On the way to my appointment I passed by Hibiya Park in the center of the city. About 10,000 people were gathered in a peaceful demonstration against any lifting of Japan's quotas on imports of agricultural products. Inside the MIT! building I asked the official whether the quotas on beef and oranges would be abolished soon. He told me they would eventually be liberalized or abolished to please the United States, but that …
In Search Of A Free Speech Principle, Mark G. Yudof
In Search Of A Free Speech Principle, Mark G. Yudof
Michigan Law Review
A Review of Free Speech: A Philosophical Enquiry by Frederick Schauer
Testing The Limits Of Law Enforcement, James J. Fyfe
Testing The Limits Of Law Enforcement, James J. Fyfe
Michigan Law Review
A Review of The Limits of Law Enforcement by Hans Zeisel
Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review
Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review
Michigan Law Review
A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham
Is The Burger Court Really Like The Warren Court?, Paul Bender
Is The Burger Court Really Like The Warren Court?, Paul Bender
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Judicial Review And Constitutional Ethics, Martin H. Redish
Judicial Review And Constitutional Ethics, Martin H. Redish
Michigan Law Review
A Review of Constitutional Fate: Theory of the Constitution by Philip Bobbitt
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Michigan Law Review
A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller
Founders And Foundations Of Legal Positivism, David Lyons
Founders And Foundations Of Legal Positivism, David Lyons
Michigan Law Review
A Review of Essays on Bentham: Studies In Jurisprudence and Political Theory by H.L.A. Hart, and John Austin by W.L. Morison
Legal Right And Social Democracy: Essays In Legal And Political Philosophy, Michigan Law Review
Legal Right And Social Democracy: Essays In Legal And Political Philosophy, Michigan Law Review
Michigan Law Review
A Review of Legal Right and Social Democracy: Essays in Legal and Political Philosophy by Neil MacCormick
Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii
Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii
Michigan Law Review
A Review of Compelling Belief: The Culture of American Schooling by Stephen Arons
The Theory And Practice Of Civil Commitment, Andrew Scull
The Theory And Practice Of Civil Commitment, Andrew Scull
Michigan Law Review
A Review of The Court of Last Resort: Mental Illness and the Law by Carol A.B. Warren, contributions by Stephen J. Morse and Jack Zusman
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Michigan Law Review
A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Michigan Law Review
A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens
The Law Business, David W. Belin
The Law Business, David W. Belin
Michigan Law Review
A Review of The Law Business: A Tired Monopoly by Joseph W. Bartlett and The Partners by James B. Stewart
The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp
The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp
Michigan Law Review
A Review of Contracts by E. Allan Farnsworth
A Republic, If You Can Keep It, Daniel N. Hoffman
A Republic, If You Can Keep It, Daniel N. Hoffman
Michigan Law Review
A Review of Undeclared War: Twilight Zone of Constitutional Power by Edward Keynes and The War-Making Powers of the President: Constitutional and International Law Aspects by Ann Van Wynen Thomas and A.J. Thomas, Jr.
Folded, Spindled, And Mutilated: Economic Analysis And U.S. V. Ibm, Michigan Law Review
Folded, Spindled, And Mutilated: Economic Analysis And U.S. V. Ibm, Michigan Law Review
Michigan Law Review
A Review of Folded, Spindled, and Mutilated: Economic Analysis and U.S. v. IBM
The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review
The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review
Michigan Law Review
A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross
New Perspectives On Prisons And Imprisonment, Michigan Law Review
New Perspectives On Prisons And Imprisonment, Michigan Law Review
Michigan Law Review
A Review of New Perspectives on Prisons and Imprisonment by James B. Jacobs