Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Indiana Journal of Global Legal Studies (4)
- Articles (3)
- Claremont-UC Undergraduate Research Conference on the European Union (3)
- All Faculty Scholarship (1)
- Book Chapters (1)
-
- Brooklyn Journal of International Law (1)
- ExpressO (1)
- Faculty Working Papers (1)
- Helm's School of Government Conference - American Revival: Citizenship & Virtue (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Prof. Eric Heinze, Queen Mary University of London (1)
- Scripps Senior Theses (1)
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase
The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase
Helm's School of Government Conference - American Revival: Citizenship & Virtue
European integration of Western Balkan territories currently faces high-tension ethnic and religious antagonism between Serbia, Kosovo, and North Macedonia. The Balkans have been dealing with a cauldron of simmering ethnic internal battles that have lingered for decades. Years of Serbian and Kosovo contention severely setback the accession timeline, therefore, affecting further the integration of its neighbor North Macedonia. The European Union demands all disputes and corruption measures settled, per regulation standards set by the enlargement package from the commission. Key regional players’ sphere of influence becomes an interesting variable during policy discussions leaving a path to full European integration reliant …
L’Europe Face Aux Défis De Pluralismes Inattendu, Vivian Grosswald Curran
L’Europe Face Aux Défis De Pluralismes Inattendu, Vivian Grosswald Curran
Book Chapters
This contribution to a Festschrift in honor of Mireille Delmas-Marty explores the challenges for Delmas-Marty’s aim of “ordered pluralism” within the EU, given the departures from fundamental EU values by some of its Member States in recent years. It touches on the divided pasts of the Western and Eastern members of the EU, building on work of C. Joerges and T. Snyder in that area, addressing how the different historical narratives may be understood. It also suggests the utility of Article 17 of the European Convention, as was done by the partially concurring, partially dissenting judges in the Navalny v. …
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Indiana Journal of Global Legal Studies
The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rethinking Social Resistance Through The Consolidating Politics Of Humanitarian Populism In Mytilene, Greece, Othon Alexandrakis
Rethinking Social Resistance Through The Consolidating Politics Of Humanitarian Populism In Mytilene, Greece, Othon Alexandrakis
Indiana Journal of Global Legal Studies
During the spring of 2015, thousands of migrants began to arrive daily on the shores of Lesvos, Greece, from nearby Turkey. As the Greek government and the European Union (EU) monitored the unfolding situation, diverse ad hoc humanitarian projects flourished on the island. These projects enacted a field of action grounded in intersecting, concerning effects and values of care. This essay considers the challenges these projects posed to the local, national, and transnational humanitarian apparatus that eventually moved in and attempted to regulate these players. Drawing on recent work in anthropology on sense and critical agency, I discuss these challenges …
Three Theses On The Current Crisis Of International Liberalism, David S. Grewal
Three Theses On The Current Crisis Of International Liberalism, David S. Grewal
Indiana Journal of Global Legal Studies
This essay advances three theses on the current crisis of international liberalism. First, it is a composite one, comprising interrelated crises of domestic political representation and of global governance affecting the international and supranational arrangements that were constructed in the post-war period. Second, the crisis is a specific development of neoliberal governance, which requires distinguishing international liberalism's two historical variants: "embedded liberalism" and "neoliberalism." The turn from the post-war regime of "embedded liberalism" to the "neoliberalism" of recent decades has had the effect of undoing the domestic social contracts that underlay post-war political stability even while failing to secure peace …
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
Brooklyn Journal of International Law
On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.
This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …
Disadvantages To Turkey’S Eu Accession: Turkish Perspective, Madison Campbell, Elisa Demartino
Disadvantages To Turkey’S Eu Accession: Turkish Perspective, Madison Campbell, Elisa Demartino
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Future Stability In The European Union: Realism, Constructivism, And Institutionalism, Maya Swisa
Future Stability In The European Union: Realism, Constructivism, And Institutionalism, Maya Swisa
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Freedom Of Speech Through The Looking Glass: Reflections On The Governance Of Political Discourse In China, The United States, And The European Union, Emily Alice Chesbrough
Freedom Of Speech Through The Looking Glass: Reflections On The Governance Of Political Discourse In China, The United States, And The European Union, Emily Alice Chesbrough
Scripps Senior Theses
Freedom of speech is a right guaranteed by the US, the EU, and China; however, just because a right is guaranteed does not mean the government cannot manipulate the right to achieve its ends. Freedom of speech is commonly associated with the power of language; citizens speak in order to take control of those governing them, in order to assert their desires. In reality, freedom of speech is far more beneficial for governments, who can use this dissent to better control a population. In order to control the population, though, the governments must first control the dissenting speech, the discourse, …
The Democratic Deficit And The European Union's Constitutional Settlement, Jacob Ziemann
The Democratic Deficit And The European Union's Constitutional Settlement, Jacob Ziemann
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Promoting The Rule Of Law: Cooperation And Competition In The Eu-Us Relationship, Ronald A. Brand
Promoting The Rule Of Law: Cooperation And Competition In The Eu-Us Relationship, Ronald A. Brand
Articles
Both the United States and the European Union fund programs designed to develop the rule of law in transition countries. Despite significant expenditures in this area, however, neither has developed either a clear definition of what is meant by the rule of law or a catalogue of programs that can result in coordination of rule of law efforts. This article is the result of a presentation at a May 2010 policy conference at the University of Pittsburgh School of Law, at which U.S. and EU government officials, scholars, and practitioners discussed the concept of rule of law and efforts to …
Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze
Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
All European states ban some form of hate speech. US law precludes such bans. In view of the political and symbolic importance of free speech, it becomes tempting to assume that trans-Atlantic differences towards hate speech reflect deeper cultural divisions.
However, we must pay attention to comparative methodology before drawing ambitious conclusions about cross-cultural social and political differences that derive solely from differences in formal, black-letter norms. In this volume, Robert Post claims that formal, constitutional requirements of content-neutral regulation reflect a freer public sphere in the US, in contrast to the European public sphere.
Yet a legal-realist approach casts …
Representativity, Civil Society, And The Eu Social Dialogue: Lessons From The International Labor Organization, Faina Milman-Sivan
Representativity, Civil Society, And The Eu Social Dialogue: Lessons From The International Labor Organization, Faina Milman-Sivan
Indiana Journal of Global Legal Studies
This article addresses representativity questions that arise from the formal insertion of private,functional groups within the European Union (EU) governance via the EU social dialogue. It depicts the representativity debate at the EU social dialogue and suggests that important lessons can be learned through the examination of another institutional context in which similar questions have been raised and addressed: the International Labor Organization (ILO) tripartite structure. In addition, it ascertains that the issue of representativity of the EU social partners would further benefit from viewing it in the broader context of the EU "democratic deficit." The article concludes that such …
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …
On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters
On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters
ExpressO
On the Legal Construction of Ethnic Cleansing
Timothy William Waters, Univ. Mississippi School of Law
Abstract
What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary …
European Union's New Role In International Private Litigation, Ronald A. Brand
European Union's New Role In International Private Litigation, Ronald A. Brand
Articles
No abstract provided.
Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand
Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand
Articles
Any discussion of federalism necessarily runs headlong into concepts of sovereignty, with both terms being subject to Tocqueville's statement that, in discussing federalism, "the human understanding more easily invents new things than new words." Thus, just as systems previously considered to have been "federal" at the dawn of the United States of America were something much different from what was developed for our nation at that time, so is the "federal" system of today's United States different from anything to which we make comparisons.
This article reviews a paper by Professor Peter Tettinger's, and extends his analysis. As Professor Tettinger …
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
All Faculty Scholarship
The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …