Law Commons^™

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

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, …

Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic

Sanja Bogojević

This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in …

Är Det Möjligt Att Utforma Eu-Förenliga Skatteflyktsregler? En Analys Med Särskilt Fokus På Eu-Domstolens Proportionalitetsbedömning, Maria Hilling

Maria Hilling

No abstract provided.

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

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 …

Having The Right Attitude - Cooperation Skills And Labour Law, Jenny Julén Votinius

Jenny Julén Votinius

This article deals with the legal understanding of the demands in working life on employees’ ability to cooperate.The concept of cooperation ability is here used in the sense of an ability to actively facilitate communication and foster relationships with colleagues and supervisors through flexibility and commitment, and thereby benefit the employer’s business. Special attention is paid to the discourse on employability in the employment policies at the EU level, and on the understanding of cooperation as a field in which it is possible to possess and acquire specific skills. The main aim of the article is to survey and conceptualize …

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

Walter Vásquez Rebaza

No abstract provided.

Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …

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

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

Allen E Shoenberger

No abstract provided.

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.

Vendite Online Nei Networks Di Distribuzione Selettiva: Il Caso Pierre Fabre, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Locke Et L'État D'Exception: L'Individu Face À La Majorité, Javier Agudo

Javier Agudo

Le libéralisme défendu par John Locke reconnaît la nécessité d'un pouvoir discrétionnaire de l’exécutif dans le cadre des situations d’exception: c'est la prérogative. Dans son Deuxième Traité sur le Gouvernement Civil, Locke reconnaît que même si les lois peuvent établir certaines limites à l'exercice de cette prérogative, la nature changeante et imprévisible du futur rendent impossible l'élimination totale de ce pouvoir discrétionnaire.

La Noción De Consumidor En El Código De Protección Y Defensa Del Consumidor, David García

David García

This work contains a legal analysis of the notion of consumer in the Peruvian law

Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

European Integration And National Courts: Defending Sovereignty Under Institutional Constraints?, Arthur Dyevre

Arthur Dyevre

The present paper examines the response of national high courts to the ECJ’s integrationist agenda and tries to uncover the logic behind their qualified acceptance of EU law supremacy and direct effect. Drawing on the legal and political science literature, I discuss and develop several possible explanations for the observed inter-court variation: the courts’ type and organisation; their power to review legislative acts under domestic law; the rules governing access to the judicial forum; the monistic tradition of the legal system and the level of public support for European integration. I then assess the empirical validity of these hypotheses using …

Expectations From Technology And The Indian State: Comparing Interventions And The Judiciary, Nupur Chowdhury, Nidhi Srivastava

Nupur Chowdhury

The Indian State’s expectations from technology in terms of its role in economic development has been an important factor, in shaping public policy in India. Post-independence the government through its five year plans laid the essential groundwork for sustained public investment in technology development in specific sectors, like agriculture. Since the early eighties, the interventions were more forthright – departments were set up to channel public research investment and promote technologies like biotechnology and information technology. This illustrated a shift from purposive technology towards embracing an all-encompassing technology vision that formed the core of the economic development agenda, considered a …

Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner

Samuel P. Baumgartner

The European Commission has proposed to amend (recast) the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and judgments recognition within the European Union. Although much of the Brussels I Regulation is simply the 1968 Brussels Convention cast into European Union legislation, the proposed amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation within the Union over the past couple of decades. Understanding these changes is essential to understanding what drives the proposed amendments and what is likely to follow.

In this paper – presented at the symposium Our …

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler

Christopher J. Truxler

Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this Note places the Crime Victims’ Rights Act within a broader historical context where victims’ needs can be …

French Parliament And European Integration, Arthur Dyevre

Arthur Dyevre

Through successive constitutional reforms over the past two decades, French parliamentarians have gained new rights and instruments to monitor policymaking at EU level and to exert tighter scrutiny over the executive branch. Yet the more structural and long-standing obstacles to the reparliamentarisation of EU issues have not been removed, which explains why the reforms have failed to deliver the hoped for Europeanization of parliamentary debates. While some progress has undoubtedly been made – notably with respect to MPs' access to information and expertise on EU legislative proposals – Parliament’s overall influence in EU matters remains low and the innovations introduced …

Recent Abuse Of Dominance And Cartel Cases, Anca Daniela Chirita

Anca Daniela Chirita

This articles offers a brief review of the recent developments in the areas of abuse of dominance and cartels under Romanian competition law.

Drept Privat Într-O Societate Post-Naţională: De La Reglementarea Ex Post La Reglementarea Ex Ante, Jan M. Smits

Jan M Smits

This contribution (in Romanian) shows how the role of law is changing as a result of globalisation and technological progress. It demonstrates how the traditional view of law as being produced by different nation-state legal orders, each claiming exclusive jurisdiction for a limited territory, is gradually making place for alternative types of ordering. The ex post reliance on the law to provide appropriate rules, enforcement and dispute resolution is replaced by a situation in which actors proactively avoid as much as possible the applicability of laws. This development towards delivering ‘legality’ without law is much more important in understanding the …

La Revocación De Actos Tributarios En España Dentro Del Contexto Comunitario (Revocation Of Tax Acts In Spain Within The Eu Context), Jesús A. Soto

Jesús Alfonso Soto Pineda

Este artículo expone la revocación administrativa de actos tributarios en el ordenamiento jurídico español, el recorrido y razonamientos doctrinales que han sustentado la consolidación de la revisión en materia fiscal en el país ibérico, así como el soporte jurisprudencial y legal comunitario e interno que ha permitido formalizar una práctica, que con antelación a la aparición de la reforma ya era interpretada como una vía eficaz de reducción de la alta litigiosidad que se presenta en el ámbito tributario en España. El nivel de desarrollo de la revocación se analiza en detalle, así como también los presupuestos, actores, límites y …

Bridge Banks: Detox Tools For A Melted Economy, Gabriela Steier

Gabriela Steier

This paper compares the fragmented three-pillar banking system in Germany to the banking system in the U.S. and suggests an amendment to 12 U.S.C.A. § 1821(n), the bridge bank statute, to make some fragmentation of the financial sector in the U.S. possible. This paper is the first of its kind and explains why the German bad bank prototype works within the fragmented three-pillars of banking. The three pillars of banking in Germany are (1) Savings Banks (Sparkassen), (2) Private Commercial Banks (Kreditbanken, Genossenschaftsbanken), and (3) Public and Cooperative Credit Institutions (Volks- and Raiffeisenbanken). The resulting fragmented banking system is more …

Polar Law And Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.