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Articles 1 - 30 of 61
Full-Text Articles in Law
Book Review: Karen Alter, The European Court's Power Selected Essays, Arthur Dyevre
Book Review: Karen Alter, The European Court's Power Selected Essays, Arthur Dyevre
Arthur Dyevre
No abstract provided.
The Prosecution And Confiscation Of The Proceeds Of Illicit Enrichment, Bryane Michael
The Prosecution And Confiscation Of The Proceeds Of Illicit Enrichment, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
These training slides show prosecutors and judges how to find and recover the proceeds of corruption (under Macedonian law as a practical example).
Free The Market. Peter J. Boettke. Spanish Translation, Mario Šilar
Free The Market. Peter J. Boettke. Spanish Translation, Mario Šilar
Mario Šilar
No abstract provided.
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Bernard Sama
The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …
Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos
Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos
Michael Diathesopoulos
In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …
On Minnesota Marriage Equality Debate: Canards Lead, Sympathies Succeed, Aaron J. Shuler
On Minnesota Marriage Equality Debate: Canards Lead, Sympathies Succeed, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Leave Sarah Palin And Her Supporters Alone., Aaron J. Shuler
Leave Sarah Palin And Her Supporters Alone., Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Is Minnesota Gop Voter I.D. Proposal Sabotage Dressed As Integrity?, Aaron J. Shuler
Is Minnesota Gop Voter I.D. Proposal Sabotage Dressed As Integrity?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
U.S. Appellate Court Ruling Deals Fatal Blow To Argentina Brady Bond Debt Swap, Mark J. Calaguas
U.S. Appellate Court Ruling Deals Fatal Blow To Argentina Brady Bond Debt Swap, Mark J. Calaguas
Mark J Calaguas
No abstract provided.
A Palin Entry Could Upend Bachmann And Benefit Pawlenty In Iowa, Aaron J. Shuler
A Palin Entry Could Upend Bachmann And Benefit Pawlenty In Iowa, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Will Tim Pawlenty Go From Honestly Boring To A Lying Bore?, Aaron J. Shuler
Will Tim Pawlenty Go From Honestly Boring To A Lying Bore?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Tweets Are The First Trimesters Of Thoughts, Aaron J. Shuler
Tweets Are The First Trimesters Of Thoughts, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
All That Gingrich Glitter Is Not Gold: Newt Pranked In Minneapolis, Aaron J. Shuler
All That Gingrich Glitter Is Not Gold: Newt Pranked In Minneapolis, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Huckabee's Cat Scratch Fever: Pawlenty Or Bachmann's Gain?, Aaron J. Shuler
Huckabee's Cat Scratch Fever: Pawlenty Or Bachmann's Gain?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Bachmann V. Myers: Is Michele Bachmann Smarter Than A 10th Grader?, Aaron J. Shuler
Bachmann V. Myers: Is Michele Bachmann Smarter Than A 10th Grader?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Bob's Secret: Dylan Responds To Chinese Censorship Allegations, Aaron J. Shuler
Bob's Secret: Dylan Responds To Chinese Censorship Allegations, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short piece is a contribution to The Encylopedia of Global Justice (ed. D.K. Chatterjee) (forthcoming from Springer Verlag May 2011). It summarizes the state of reserach on the problem for collective choice discovered by Kenneth Arrow in his Impossibility Theorem. In 1951 Arrow proved that a set of four or five (depending on how one counts them) minimal constraints that seem constitutive of democratic decisionmaking, including nondictatorship and rational consistency, are mutually incompatible. This created the burgeoning field of Social Choice Theory. I explain the problem in nontechnical terms, explore its implications especially for global justice, and review the …
Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos
Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos
Michael Diathesopoulos
The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …
Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal
Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal
Gregory Brazeal
The U.S. response to mass atrocity has followed a predictable pattern of disbelief, rationalization, evasion, and retrospective expressions of regret. The pattern is consistent enough that we should be skeptical of chalking up the United States’ failures solely to a shifting array of isolated historical contingencies, from post-Vietnam fatigue in the case of the Khmer Rouge to the Clinton administration’s recoil against humanitarian interventions after Somalia. It is implausible to suggest that the United States would have acted to mitigate or end mass atrocities but for the specific historical contingencies that happen to accompany each outbreak of violence. This essay …
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
Gregory Brazeal
Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace of ideas,” though he did not use the exact phrase and his argument for free speech was not based on distinctively economic reasoning. Truly economic investigations of the marketplace of ideas have progressed in step with developments and trends in the law and economics literature. These investigations have tended to be one-sided, with writers focusing primarily either on the production of ideas (for example, Posner) or their consumption (for example, behavioral law and economics), without considering in depth how producers and consumers interact. This may …
Public Accounts Committees In The Commonwealth, Riccardo Pelizzo
Public Accounts Committees In The Commonwealth, Riccardo Pelizzo
riccardo pelizzo
By analyzing original survey data collected from more than 20 legislatures, the paper investigates what makes public accounts committees work effectively
Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler
Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler
Aaron J Shuler
Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.
Reseña De "Making Social Sciences More Scientific: The Need For Predictive Models", De Rein Taagepera, Javier Martín Reyes
Reseña De "Making Social Sciences More Scientific: The Need For Predictive Models", De Rein Taagepera, Javier Martín Reyes
Javier Martín Reyes
Review of Taagepera, Rein, "Making Social Sciences More Scientific: The Need for Predictive Models", Oxford University Press, New York, 2008, 254 pages.
Central And Eastern Europe: Europeanization And Westernization Through Accession Conditionality, Michael K. Marriott
Central And Eastern Europe: Europeanization And Westernization Through Accession Conditionality, Michael K. Marriott
Michael K Marriott
With 27 member states, the EU is not a body in and of itself, but rather is a central authority constituted of its member states. In order to create a reasonable level of coherence within the Union, the national politics of each member state must undergo a process of Europeanization so as to find a common ground for the members to work together. This leads to the logical question: ‘to what extent are national politics Europeanized?’ Although important to consider, this question is overly broad for the purposes of this paper. A more appropriate question, one that exists within the …
Utilizing The Past To Shape The Future: The Rehabilitation Of Child Soldiers In Darfur, Michael K. Marriott
Utilizing The Past To Shape The Future: The Rehabilitation Of Child Soldiers In Darfur, Michael K. Marriott
Michael K Marriott
Child soldiering, an unfortunate reality of war, has become increasingly common in modern warfare. With world attention focused on the genocide taking place in the Darfur region of Sudan, issues regarding the use of child soldiers in the conflict have come to light. By providing an overview of the use of child soldiers both globally and in Sudan, discussing the relevant legal norms theoretically governing the country and providing a case study on Sierra Leone, this paper ultimately provides an analysis and proposed framework for comprehensive programs that could be put into action after cessation of hostilities in an attempt …
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …
Chinese Reverse Mergers, Accounting Regimes, And The Rule Of Law In China, Benjamin A. Templin
Chinese Reverse Mergers, Accounting Regimes, And The Rule Of Law In China, Benjamin A. Templin
Benjamin A. Templin
In 2010, federal regulators and politicians became increasingly concerned over the accounting practices of Chinese companies that trade on U.S. stock exchanges. In particular, the Securities and Exchange Commission (“SEC”) targeted companies that went public through a process called the reverse merger. The instances of fraud became so widespread, regulators and commentators coined the term Chinese Reverse Merger (“CRM”) in order to describe a sector where investors assume the risk of accounting irregularities. Although CRMs must comply with international accounting standards, a weak rule of law in China has resulted in poor implementation and enforcement of its accounting regime. U.S. …
Kodifikation Ohne Demokratie? Zur Legitimität Eines Europäischen (Optionalen) Zivilgesetzbuches, Jan M. Smits
Kodifikation Ohne Demokratie? Zur Legitimität Eines Europäischen (Optionalen) Zivilgesetzbuches, Jan M. Smits
Jan M Smits
Im Rahmen der anhaltenden Debatte über die Europäisierung des Privatrechts nehmen die Bedenken bezüglich der Legitimität von einigen Kommissionsinitiativen zu. Die wichtigste dieser Initiativen mündete im kürzlich veröffentlichten Entwurf eines Gemeinsamen Referenzrahmens des Europäischen Privatrechts (Draft Common Frame of Reference of European Private Law, DCFR). In ihrem Grünbuch zum Europäischen Vertragsrecht aus dem Jahre 2010 wirft die Kommission die Frage auf, wie der akademische DCFR zu einem „politischen“ europäischen „Vertragsrechtsinstrument“ umgewandelt werden kann, um so den Binnenmarkt weiterzuentwickeln. Sie skizziert darin sieben politische Verwendungsmöglichkeiten des DCFR, zu denen die Einführung eines fakultativen europäischen Vertragsrechtsinstruments (Optionales Instrument), die Verabschiedung einer Richtlinie …
La Democracia Deliberativa A Debate, Leonardo García Jaramillo
La Democracia Deliberativa A Debate, Leonardo García Jaramillo
Leonardo García Jaramillo
No abstract provided.