Law Commons^™

Applied Monetary Policy And Bank Supervision By The Ecb, Mads Andenas, Lazaros E. Panourgias

Mads Andenas

Monetary policy and banking supervision are closely related and interdependent concepts. Monetary policy and central banking are not defined in such a manner in the Maastricht Treaty that it precludes the European Central Bank from taking on a wider responsibility for financial stability and the handling of banking crises. The article introduced the term 'macro-prudential supervision', explained as 'supervision with a view to safeguarding systemic stability', in a section with the heading 'Default Supervision of Central Banks'.

Misfeasance In Public Office, Governmental Liability And European Influences, Mads Andenas

Mads Andenas

The article deals with the liability of banking regulators in the UK after the BCCI debacle, and provides a wider comparative perspective. It analyses the lack of enforcement culture in the Bank of England, at the systemic failures on the regulatory side that this leads to. The article argues in favour of an extended liability for lack of effective banking supervision, and that banking regulators should be liable where there is a sufficiently breach of the duty to supervise and enforce.

Reality Bites (Or Bits): The Political Economy Of Antitrust Enforcement, Michal Gal

Michal Gal

A realistic analysis of antitrust must deal in positive terms with political influences. Political influences are especially strong in the antitrust arena, where decisions and policy measures often significantly affect the profitability of market players. It is thus important, in designing an antitrust regime, to acknowledge such influences and to design institutions and methods that will harness political aspirations to the achievement of antitrust goals. Accordingly, the goal of this article is to analyze the different effects political motivations might have on antitrust, and to suggest tools that may minimize such effects. A short theoretical analysis of the political economy …

Do “Creatures Of The State” Have Constitutional Rights?: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael Anthony Lawrence

Michael Anthony Lawrence

Conventional wisdom holds that a municipal corporation receives no protection from the equal protection and due process clauses as against its creating state. The reasoning is that municipal corporations, as mere subunits or instrumentalities of the state, are simply ineligible for such constitutional protections.

This article argues that municipal corporations, as "persons" under the Constitution, do in fact have standing to assert procedural due process claims against their creating states in cases not involving substantive matters of the state’s internal political organization. Judicial recognition of this principle would advance important values of fairness and doctrinal consistency in state-local relations, and …

Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd

Intisar A. Rabb

No abstract provided.

A Perspective On Ontario’S Adult Guardianship Law: The Role Of Law In Adjudicating Disputes Caused By Old Men Marrying Young Women., Israel Doron

Israel Doron Dr.

This article analyzes court cases that deal with guardianship appointments over old men who had intimate relationships with young women.

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande

John Lande

This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This Article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining interests of key stakeholder groups including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their interests. …

Ethics And E-Medicine, Jessica Berg

Jessica Berg

No abstract provided.

Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, Jiarui Liu

Jiarui Liu

No abstract provided.

The Bed Linen Case And Its Aftermath. Some Comments On The European Community's "World Trade Organization Enabling Regulation", Geert A. Zonnekeyn

GEERT A. ZONNEKEYN

No abstract provided.

Managing U.S.-Eu Trade Relations Through Mutual Recognition And Safe Harbor Agreements: 'New' And 'Global' Approaches To Transatlantic Economic Governance, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

The Public And The Private In International Trade Litigation, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

An Argentine Evangelical Church: Twilight Of A Transnational Field?, David Cook-Martín

David Cook-Martín

No abstract provided.

Hidden Taxes And Representative Government: The Political Economy Of The Ramsey Rule, Deborah M. Weiss, Susanne Lohmann

Deborah M. Weiss

No abstract provided.

Do Sections 3 And 3a Of The Cdpa Violate The Database Directive? A Closer Look At The Definition Of A Database In The U.K. And Its Compatibility With European Law, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Caso Introductorio: "El Caso De Los Exploradores De Cavernas", De Lon L. Fuller, David A. Ortiz Gaspar

Prof. David Aníbal Ortiz Gaspar.

No abstract provided.

Establishing Constitutional Malice For Defamation And Privacy/False Light Claims When Hidden Cameras And Deception Are Used By The Newsgatherer, David A. Elder, Neville L. Johnson, Brian A. Rishwain

David A. Elder

In the last two decades network television newsmagazines in an endless search for ratings, which translates into revenues, have declared war on the right of privacy we all enjoy as Americans. The hidden camera is “infotainment” masquerading as journalism, pandering to the most base emotions, including voyeurism, with eavesdropping used to obtain the salacious footage. A hidden camera story is essentially a “grainy little morality play,” edited to heighten the entertainment value, where journalists go undercover to mythologize their work by becoming protagonists, modern “folk heroes” who ferret out wrongdoing as the superheroes of pop culture. Undoubtedly, the most insidious …

The Relevance Of Constitutional Amendments: A Response To David Strauss, Brannon P. Denning, John R. Vile

Brannon P. Denning

This article responds to David A. Strauss, The Irrelevance of Constitutional Amendments, 114 Harv. L. Rev. 1457 (2001). Strauss had argued that constitutional amendments are neither necessary nor sufficient to produce lasting constitutional change. We respond that Strauss downplays their import in some circumstances. In any event, the evidence he musters, we argue, does not support his irrelevancy thesis.

Straf(Begrip) En Procesbeginsel. (Meaning And Concept Of Punishment And The Principle Of Trial Before Punishment), Mireille Hildebrandt

Mireille Hildebrandt

Deze dissertatie gaat in op de consensuele - althans buitengerechtelijke - afdoening van strafzaken als instrument voor het terugdringen van het tekort in de rechtshandhaving. De vraag is of, en zo ja in hoeverre consensuele punitieve rechtshandhaving een bijdrage kan leveren aan het terugdringen van dit tekort. Deze vraag vormt de aanleiding tot een grondslagenonderzoek naar straf en strafbegrip en naar de relatie met het procesbeginsel. Straf en strafbegrip worden benaderd vanuit rechtshistorisch en rechtsantropologisch perspectief en vergeleken met de punitieve rechtshandhaving in de Oudgermaanse niet-statelijke samenleving. De rode draad vormt een aan Glastra van Loon ontleend rechtsnormbegrip dat - …

Grondslagentheoretische Variaties Op De Grens Tussen Het Strafrecht En Het Burgerlijk Recht. Perspectieven Op Schuld-, Risico- En Strafrechtelijke Aansprakelijkheid, Slachtofferclaims, Buitengerechtelijke Afdoening En Restorative Justice, Serge Gutwirth, Paul De Hert

Serge Gutwirth

Book chapter in Dutch on containing "theoretical variations about the borders between criminal and civil law ; civil-, risk- and criminal liability ; claims of victims ; extra-judicial conflict resolution and restorative justice.

False Dichotomies And Asking The Right Questions, John Wade

John Wade

This is a comment on a recent article entitled Enacting and Reproducing Social and Individual Identity Through Mediation by Ho-Beng Chia, Chee-Leong Chong, Joo-Eng Lee-Partridge, Chantel Chu Shi Hwee, and Sharon Francesca Koh Wei-Fei, in Conflict Resolution Quarterly, 2000, 19(1).

Human Rights And Civil Litigation In United States Courts: The Holocaust- Era Cases, Samuel P. Baumgartner

Samuel P. Baumgartner

This is a comment on an article by Professor Burt Neuborne, in which he describes in detail the Holocaust assets litigation against Swiss, German, Austrian, and French corporations. In the comment, I attempt to put that litigation episode into the larger context of human rights enforcement through civil litigation in United States courts as seen from a theoretical concept drawn from international relations theory. I then try to gain some insights into such civil human-rights litigation from the Holocaust cases.

I conclude that the Holocaust-era litigation has done considerable good by creating a vast pool of assets for distribution among …

The Professionalization Thesis: The Tbr, The Wto And World Economic Integration, Eric A. Engle

Eric A. Engle

Argues that the DSB of the WTO represents one instance of the globalization of the rule of law.

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Learning More Than Law From Maryland Decisions, Ian Gallacher

Ian Gallacher

This short article describes the fight for freedom waged in Maryland's courts during the 1850s by two slaves, known only as Jerry and Anthony. Although their owner intended to free them, and the other slaves on his plantation, when he died, his son had his father's will declared invalid and the slaves brought a legal action to force their freedom. Although remembered in Maryland law as one of the first cases to discuss intra-state transfer from one jurisdiction to another, and although acting as Maryland's first published civil rights class action, the case also has a great deal to teach …

Valuing Man's And Woman's Best Friend: The Moral And Legal Status Of Companion Animals, Rebecca J. Huss

Rebecca J. Huss

This article first provides an overview of the philosophicla basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal personhood to such animals. Next it considers the common law and statutory basis for the current valuation of companion animals. Finally, this article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of …

Compelling Lessons In The First Amendment: Michael Kent Curtis, Free Speech, "The People's Darling Privilege": Struggles For Freedom Of Expression In American History, Wilson R. Huhn

Wilson R. Huhn

Book review.

Use And Limits Of Syllogistic Reasoning In Briefing Cases, Wilson R. Huhn

Wilson R. Huhn

During the nineteenth century, law was equated with science, and legal reasoning was thought to be a species of deductive logic. Consistent with this notion, judicial opinions have traditionally been summarized in the form of syllogisms, that is, as arguments of deductive logic. More specifically, judicial opinions have been described as chains of syllogisms, reasoning from base premises to ultimate conclusions. The principal thrust of this article is to demonstrate that in hard cases, judicial reasoning proceeds not by way of deduction, but by evaluation and balancing.

Accordingly, Part II of this article compares law with science. Historically, law was …