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Articles 1 - 15 of 15
Full-Text Articles in Law
The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton
The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton
Vanderbilt Journal of Transnational Law
The end of 1992 has attained significance as the time when borders and barriers to the free movement of people within the European Community (EC) should dissolve. This Note examines those actions taken by EC institutions and member states that are determining the nature of this freedom. This Note explains the major EC institutions and the steps they have taken with respect to freedom of movement. This Note also describes the Schengen Convention, an agreement between , eight EC states that provides a blueprint for dismantling internal borders and strengthening external ones. The author discusses how member states' desire to …
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
Faculty Scholarship
The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …
Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher
Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher
BYU Law Review
No abstract provided.
Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr
Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr
BYU Law Review
No abstract provided.
Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski
Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski
BYU Law Review
No abstract provided.
Germany Reunified: International And Constitutional Problems, Helmut Steinberger
Germany Reunified: International And Constitutional Problems, Helmut Steinberger
BYU Law Review
No abstract provided.
Judicial Review And Hungary's Transition From Communism To Democracy: The Constitutional Court, The Continuity Of Law, And The Redefinition Of Property Rights, Ethan Klingsberg
Judicial Review And Hungary's Transition From Communism To Democracy: The Constitutional Court, The Continuity Of Law, And The Redefinition Of Property Rights, Ethan Klingsberg
BYU Law Review
No abstract provided.
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber
The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber
All Faculty Scholarship
No abstract provided.
National Socialism And The Rule Of Law, Donald P. Kommers
National Socialism And The Rule Of Law, Donald P. Kommers
Journal Articles
Ingo Muller's book, originally published in 1987 as Furchtbare Juristen: Die unbewaltigte Vergangenheit unserer Justiz (literally "Dreadful Jurists: The Remorseless Past of Our Judiciary"), describes the moral collapse of the German legal profession and its role in facilitating the construction and maintenance of the Nazi regime. Gracefully translated by Deborah Lucas Schneider, Hitler's Justice seeks, first, to show how legal professionals betrayed their trust as lawyers, prosecutors, and judges and, second, to assess the degree to which Germany in the postwar period reformed its legal system, purged the judiciary of former Nazis, and rededicated itself to the rule of law. …
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
Michigan Journal of International Law
A wide variety of instruments and mechanisms for the regulation and control of chemicals and pesticides is already available internationally. What is missing is an analysis that attempts to systematize the different approaches, to create transparency, to define where they overlap, and to discover prospective deficiencies and shortcomings. In order to accomplish this task, this article covers legally binding rules as well as recommendations and codes - the international soft law. The overall purpose is to outline a framework for future international regulation of chemicals and pesticides and to propose an international convention as a possible solution.
The New East European Constitutional Courts, Herman Schwartz
The New East European Constitutional Courts, Herman Schwartz
Michigan Journal of International Law
This article will describe some aspects of the different tribunals in Russia, Hungary, Poland, Czechoslovakia, Bulgaria, and Romania, and will compare them with each other and with the U.S. Supreme Court. The first part will begin by explaining a few basic differences between the American and Continental systems of judicial review, and will then describe the functions of the new East European constitutional courts. The second part will use the decisions of the new Russian Constitutional Court to illustrate the new courts' exercise of authority, and will summarize the recent activities of a few other new constitutional courts.
European Community And Eastern Europe: Deepening And Widening The Community Brand Of Economic Federalism, The Symposium: Federalism For The New Europe, Roger J. Goebel
European Community And Eastern Europe: Deepening And Widening The Community Brand Of Economic Federalism, The Symposium: Federalism For The New Europe, Roger J. Goebel
Faculty Scholarship
The purpose of this article is to analyze the federal character of the European Community with particular reference to its relation to the new democracies of central and eastern Europe. This article consists of five parts. In Part I, the Court of Justice's constitutional doctrines describing the supranational character of the Community will be presented. Parts II and III will outline and analyze the Community's scope of action and its institutional structure, both as originally conceived and as modified by its history, notably by the SEA. Part IV will review and analyze the most important changes affecting the Community's scope …
The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson
The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson
Faculty Scholarship
Economic policy debate in the United States during the 1980s focused on the dynamics of bidder and target tactics in hostile takeovers. Confronted with the largest transactions in business history, financial economists took advantage of developments in econometric techniques to conduct virtually real time studies of the impact on firm value of each new bidder tactic and target defense. For courts and lawyers, hostile takeovers subjected standard features of corporate law to the equivalent of a stress x-ray, revealing previously undetected doctrinal cracks. Congress held seemingly endless hearings on the subject, although managing to enact only relatively innocuous tax penalties …
Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet
Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.