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Full-Text Articles in Law

Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short Oct 1993

Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short

Vanderbilt Journal of Transnational Law

The opening of internal borders within the European Community presents tremendous opportunity for European economic growth. Yet with all the potential benefits come many problems. Increased illegal art trafficking is one of these problems. This Note examines European treaties, laws of the individual EC Member States, and Community-wide treaties and regulations designed to prevent the theft and illegal export of art. The Note discusses how the differing interests of the Member States have prevented agreement on legislation to protect art and resulted in measures inadequate to protect Europe's vast art treasures. After analyzing the latest EC regulatory attempt to protect …


Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag May 1993

Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag

Vanderbilt Journal of Transnational Law

In this Article, Mr. Ostertag compares German and United States legal education. He believes that the differences in the two educational systems result from such factors as the separate development of the respective educational programs, the different training goals each system has for law students, and the relative significance of code law instruction and case method instruction. The author perceives a dichotomy between legal theory and practice, and he believes that law schools could bridge this gap through a comprehensive internship program that would expose students to all aspects of legal practice.


Implications Of The Single European Act On European Community Law-Making: A Modest Step Forward, Barbara C. Potter May 1993

Implications Of The Single European Act On European Community Law-Making: A Modest Step Forward, Barbara C. Potter

Vanderbilt Journal of Transnational Law

In this Article, Ms. Campbell Potter discusses the interaction of the European Community (EC) institutions and the effect the Single European Act (SEA) will have on EC law-making. Specifically, the author notes that the SEA provisions for expanded use of the qualified majority vote and the new cooperation procedure for passage of legislation have changed the balance of power among EC institutions and should facilitate enactment of EC legislation. Ms. Campbell Potter believes that the SEA will continue to be successful as long as Member States do not recklessly invoke "vital national interest" veto powers and as long as the …


Tobacco Proves Addictive: The European Community's Stalled Proposal To Ban Tobacco Advertising, Jennifer A. Lesny Jan 1993

Tobacco Proves Addictive: The European Community's Stalled Proposal To Ban Tobacco Advertising, Jennifer A. Lesny

Vanderbilt Journal of Transnational Law

This Note examines the recent initiative to ban tobacco advertising within the European Community. The Note first addresses the European Commission's proposed directive, exploring the Commission's stated justifications as well as the opposing member states' procedural and legal objections. This Note then analyzes the European Community debate by comparing it to the United States movement to ban tobacco advertising. The author concludes that, like its United States counterpart, the European proposal is ill-fated, and that failure to reach a consensus on controversial proposals such as the tobacco advertising ban seriously undermines completion of a true internal market envisioned in the …