Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (17)
- Selected Works (15)
- Columbia Law School (8)
- Claremont Colleges (7)
- Pepperdine University (7)
-
- Duke Law (6)
- Boston University School of Law (5)
- Maurer School of Law: Indiana University (4)
- Chicago-Kent College of Law (3)
- University of Michigan Law School (3)
- Villanova University Charles Widger School of Law (3)
- Southern Methodist University (2)
- Brigham Young University Law School (1)
- Cornell University Law School (1)
- Duquesne University School of Law (1)
- Emory University School of Law (1)
- Golden Gate University School of Law (1)
- North Carolina Central University School of Law (1)
- Ouachita Baptist University (1)
- Saint Louis University School of Law (1)
- Singapore Management University (1)
- St. John's University School of Law (1)
- The University of Akron (1)
- The University of San Francisco (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Cincinnati College of Law (1)
- University of Denver (1)
- University of Miami Law School (1)
- Keyword
-
- European Union (22)
- European Court of Human Rights (5)
- Human rights (5)
- England (4)
- Europe (4)
-
- France (4)
- Alternative dispute resolution (3)
- EU (3)
- EU Law (3)
- European Integration and European Law (3)
- Gender (3)
- Germany (3)
- International law (3)
- Public debts (3)
- Regulation (3)
- SSRN (3)
- United Kingdom (3)
- Women (3)
- Additives which may be used in the manufacture of articles intended to come into contact with foodstuffs (2)
- Arbitration (2)
- Brussels Regulation (2)
- Civil Litigation (2)
- Civil Procedure (2)
- Debt relief (2)
- Democratic deficit (2)
- Discrimination (2)
- Dispute resolution (2)
- EC (2)
- EEC (2)
- EU DIRECT TAX LAW (2)
- Publication
-
- Faculty Scholarship (19)
- Claremont-UC Undergraduate Research Conference on the European Union (7)
- Luis González Vaqué (5)
- Pepperdine Dispute Resolution Law Journal (5)
- Arthur Dyevre (3)
-
- Chicago-Kent Law Review (3)
- All Faculty Scholarship (2)
- Anca Daniela Chirita (2)
- Articles (2)
- Faculty Journal Articles and Book Chapters (2)
- Indiana Journal of Global Legal Studies (2)
- Jan M Smits (2)
- Maria Hilling (2)
- Pepperdine Law Review (2)
- Villanova Law Review (2)
- Akron Law Faculty Publications (1)
- Allen E Shoenberger (1)
- Annual Survey of International & Comparative Law (1)
- Book Chapters (1)
- Brigham Young University International Law & Management Review (1)
- Christopher J. Truxler (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Cornell Law School Inter-University Graduate Student Conference Papers (1)
- David García (1)
- Evgenia Pavlovskaia (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Federal Communications Law Journal (1)
- Gabriela Steier (1)
- Publication Type
Articles 1 - 30 of 101
Full-Text Articles in Law
Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp
Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp
All Faculty Scholarship
This brief essay reviews Firat Cengiz’s book Antitrust Federalism in the EU and the US (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage.
Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the least …
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco
Master's Theses
Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …
Vat Triangulation With A Us Middleman Vstr, C-587/10, Richard Thompson Ainsworth
Vat Triangulation With A Us Middleman Vstr, C-587/10, Richard Thompson Ainsworth
Faculty Scholarship
It is not every day that an American firm finds itself in the middle of an EU VAT controversy that significantly develops the law. However, the September 27, 2012 decision of the European Court of Justice (ECJ) does just that. The case is Vogtländische Straβen-,Tief- und Rohrleitungsbau GmbH Rodewisch (VSTR) v. Finanzamt Plauen.
In November 1998 Atlantic International Trading Company (AIT), an American company established in New York, NY, purchased two stone-crushers from VSTR, a firm established in Germany. AIT quickly re-sold the stone-crushers to an end user established in Finland. The VSTR/AIT contract was “ex works,” that is AIT …
Systems Of Carbon Trading, Dr. Bruno Zeller
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Severine Dusollier
The European Union knows a multiplicity of IP rights, from classical ones (copyright, patent, trademark or design) to more marginal ones, in terms of economic sectors concerned (rights in database, in plant varieties, in semiconductors, in geographical indications). This paper aims at identifying and assessing the existing similarities or common principles in the intellectual property rights in the European Union. Despite their apparent diverging functions, subject matter and scope of protection, copyright, trademark, patent and the other intellectual property rights share at least the fact that they belong to a set of rules granting some exclusive rights in intangible assets, …
Är Det Möjligt Att Utforma Eu-Förenliga Skatteflyktsregler? En Analys Med Särskilt Fokus På Eu-Domstolens Proportionalitetsbedömning, Maria Hilling
Är Det Möjligt Att Utforma Eu-Förenliga Skatteflyktsregler? En Analys Med Särskilt Fokus På Eu-Domstolens Proportionalitetsbedömning, Maria Hilling
Maria Hilling
No abstract provided.
(Do) We Need A European Civil Code (?), David Schmid
(Do) We Need A European Civil Code (?), David Schmid
Annual Survey of International & Comparative Law
The paper will first explain the historical developments that may one day support a European Civil Code. Next, it will examine other options available to reach the goal of unification and will then give an overview of the problems concerning the competence of the European Union for a European Civil Code. Arguments for both the critics and the supporters of the implementation of such a Code will be examined. Finally, this paper will try to develop options for further proceedings and will end with a conclusion of the findings.
Cite as: 18 Annl. Survey Int'l. Comp. L. 263 (2012).
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
Pepperdine Law Review
No abstract provided.
The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman
The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman
Pepperdine Law Review
No abstract provided.
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Working Paper Series
This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …
Är Det Möjligt Att Utforma Eu-Förenliga Skatteflyktsregler? En Analys Med Särskilt Fokus På Rättfärdigandegrunden Att Upprätthålla Den Väl Avvägda Fördelningen Av Beskattningsrätten, Maria Hilling
Maria Hilling
No abstract provided.
Survey Of Recent European Union Privacy Developments, W. Gregory Voss
Survey Of Recent European Union Privacy Developments, W. Gregory Voss
W. Gregory Voss
The Spanish law implementing the European Union (EU) Data Protection Directive, advisory guidance on consent, facial recognition and biometric technologies from the European Union Article 29 Data Protection Working Party (WP29) , and proposals for EU data protection law reform are analyzed in this survey piece. EU legislative processes are illustrated by a specific occurence: Spanish Organic Law 15/1999 on the Protection of Personal Data is reviewed in the context of Court of Justice of the European Union (ECJ) joined cases, Asociación Nacional de Establecimientos Financieros de Crédito (ASNEF) v. Administración del Estado, and Federación de Comercio Electrónico y Marketing …
The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna
The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna
North Carolina Central Law Review
No abstract provided.
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Michael D. Cooper, Esq.
Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …
La (Visible) Presencia De Los Contratos Coligados En El Sistema Jurídico Peruano, Walter Vásquez Rebaza
La (Visible) Presencia De Los Contratos Coligados En El Sistema Jurídico Peruano, Walter Vásquez Rebaza
Walter Vásquez Rebaza
No abstract provided.
Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes
Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes
Stephan Foldes
Examples of historical law being included in today’s constitutional law are provided by constitutional enactments of the United States, Canada, Sweden, Norway, Belgium, Finland, Luxembourg, Germany, Ireland, France, Turkey, Slovakia, the Czech Republic, and Hungary. Issues of interpretation and application are again raised by a recent case decided in the Constitutional Court of Hungary.
Cross-Border Service Payments Under Eu Fair Competition And Sepa Rules, Anca Daniela Chirita
Cross-Border Service Payments Under Eu Fair Competition And Sepa Rules, Anca Daniela Chirita
Anca Daniela Chirita
EU rules on the functioning of a Single European Payment Area (SEPA) Union-wide with free movement of cross-border services have an impact upon fair competition in the internal market for both consumers and smaller businesses. Under Article 102 (a) TFEU, the cost analysis of pricing must be supplemented by translating unfair trading terms and conditions from the field of legal analysis of contracts into that of economics. Terms and conditions which create a more onerous obligation form an integral part of an economic contract concluded by undertakings, irrespective of their market shares, based on a cogent interpretation of their significant …
Change In The European Civil Law Systems: Infiltration Of The Anglo-American Case Law System Of Precedent Into The Civil Law System, Allen E. Shoenberger
Change In The European Civil Law Systems: Infiltration Of The Anglo-American Case Law System Of Precedent Into The Civil Law System, Allen E. Shoenberger
Allen E Shoenberger
No abstract provided.
“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez
“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez
IP Theory
No abstract provided.
Unitas Via Diversitas. Can The Common European Sales Law Harmonize Through Diversity?, Gary Low
Unitas Via Diversitas. Can The Common European Sales Law Harmonize Through Diversity?, Gary Low
Research Collection Yong Pung How School Of Law
The proposed Regulation for a Common European Sales Law (CESL),1 unveiled on 11 October 2011, marks the opening legislative salvo on the future of European contract law. Besides critique from private lawyers on the substantive content therein,2 the legality of the CESL under Union law may be called into question.3 The CESL cites Article 114 of the Treaty on the Functioning of the European Union (TFEU) as its legal basis." In so doing, it goes against the grain of received wisdom: virtually all the studies on the subject ruled out the use of Article 114 TFEU in favour of Article …
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
Faculty Scholarship
No abstract provided.
From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell
From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell
Human Rights & Human Welfare
Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.
Paper On The Business Case For Transparency, Perrine Toledano
Paper On The Business Case For Transparency, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
CCSI strongly supports the transparency of contracts and tax flows. CCSI shares the belief of many stakeholders that transparency is essential to leverage extractive industries for sustainable development and is in the mutual interest of all stakeholders. However, some industry players continue to voice the concern that increased transparency would be harmful for their business. Therefore, CCSI is working to also establish the business case for transparency.
In one such case, some industry players have been lobbying against the regulations developed by the Security and Exchange Commission to implement the mandatory disclosure provisions of the Dodd Frank Wall Street Reform …
A Perfect Storm In The Eu Vat: Kittel, 'R' And Marc, Richard Thompson Ainsworth
A Perfect Storm In The Eu Vat: Kittel, 'R' And Marc, Richard Thompson Ainsworth
Faculty Scholarship
EU VAT authorities are close to turning the tables on missing traders. For many years organized fraudsters have been stealing huge amounts of VAT on the domestic re-sale of exempt cross-border supplies. Losses have been enormous whether the transactions are in goods (notably cell phones and computer chips) or in tradable services (CO2 permits and VoIP). No market has been safe from the fraudsters.
Answers are developing, but these answers may look more like Armageddon than measured enforcement. Solutions are so draconian, and so all-encompassing that very few intra-community traders will feel safe from the gathering storm. The situation is …
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Regulating Short Selling In Europe After The Crisis, Rodolphe B. Elineau
Regulating Short Selling In Europe After The Crisis, Rodolphe B. Elineau
Brigham Young University International Law & Management Review
No abstract provided.
Transfer Pricing: The Cup -- Case Studies: Australia, Us, Uk, Norway And Canada, Richard Thompson Ainsworth, Andrew Shact
Transfer Pricing: The Cup -- Case Studies: Australia, Us, Uk, Norway And Canada, Richard Thompson Ainsworth, Andrew Shact
Faculty Scholarship
All transfer pricing regimes give priority to the comparable uncontrolled price (CUP) method. Despite declarations that transfer pricing is a search for the “best method” or “most appropriate method,” all systems concede that the search is over when an exact comparable is found because a CUP is preferred over all methods. The best CUP is an exact CUP because it provides an arm’s length price that is not calculated. The price emerges directly from the comparison.
CUPs have traditionally been the most commonly applied method for both taxpayers and the government. They are the judicial gold standard. They hold sway …
Black Swans: Recapitulative Statements/Vies (Vat) & Use Tax Reciprocity (Rst), Richard Thompson Ainsworth
Black Swans: Recapitulative Statements/Vies (Vat) & Use Tax Reciprocity (Rst), Richard Thompson Ainsworth
Faculty Scholarship
There is fundamentally no difference between a value added tax (VAT), and a retail sales tax (RST) when it comes to collecting the tax on cross-border sales. If (under a VAT) a seller is allowed to “zero-rate” cross-border sales, or if (under a RST) a seller is exempt from collecting the tax on cross-border sales, the critical enforcement question is exactly the same – how does the system assure that the buyer will self-assess (and pay) the tax?
The simple answer is that the tax administration audits. The more complicated answer notes that the effectiveness of the audit (by the …
Reflections On The Development Of The Eu Law, Novitet Xh. Nezaj
Reflections On The Development Of The Eu Law, Novitet Xh. Nezaj
Cornell Law School Inter-University Graduate Student Conference Papers
My aim in this article is to examine ways in which the present system of legal thinking and legal methodologies could be improved through careful examination and verification of factual data. There is a widely held view among legal scholars that legal global system is in need of reform. By studying the real operations of law, one should discover the facts constituted the law. This article will examine the extent to which it is possible to identify a coherent legal method that may be applied when analyzing European Union Law and the law of European Member States within application of …