Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

The Proceedings Of The European Ombudsman, Simone Cadeddu Dec 2004

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.


European Principles Governing National Administrative Proceedings, Claudio Franchini Dec 2004

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.


Forms Of European Administrative Action, Mario P. Chiti Dec 2004

Forms Of European Administrative Action, Mario P. Chiti

Law and Contemporary Problems

Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.


Four Ways To Better 1l Assessments, Ron M. Aizen Dec 2004

Four Ways To Better 1l Assessments, Ron M. Aizen

Duke Law Journal

No abstract provided.


Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman Oct 2004

Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman

Law and Contemporary Problems

An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.


Corporate Law Or The Law Of Business?: Stakeholders And Corporate Governance At The End Of History, Adam Winkler Oct 2004

Corporate Law Or The Law Of Business?: Stakeholders And Corporate Governance At The End Of History, Adam Winkler

Law and Contemporary Problems

Surely, corporate managers themselves, who must operate within the broader law of business, are aware of the legally imposed duties to protect workders, consumers, and larger communities. Perhaps it is time corporate lawyers caught up to this reality.


Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy Oct 2004

Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy

Law and Contemporary Problems

Progressive corporate law has the potential to realign corporate activity and market economies with human benefit. The present state of disruption in the economy is a key moment: with disruption comes the opportunity for change.


Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein Oct 2004

Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein

Law and Contemporary Problems

The rule of law helps to check tendencies to excess, aligns remedies with what happened to similarly situated persons in the past, and give both power and accountability to public officials. Asserting its perpetual demand of Muss es sein? in reaction to oppressions, tort law jolts stais into change.


Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield Oct 2004

Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield

Law and Contemporary Problems

Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware's resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship.