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Full-Text Articles in Law
The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand
The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand
University of Baltimore Journal of International Law
The European Convention on Human Rights, for the most part, guarantees civil and political rights. It is a unique international instrument that provides what is widely regarded as the most effective trans-national judicial process for complaints brought by citizens and organizations against their respective governments.The aim of this article is to contribute to the continuing debate on the notion of democracy according to the European Convention on Human Rights. Not only has the Convention been a standard-setter in Europe, but it is also a source of inspiration in promotion of democracy and democratic values for other regions of the world. …
Emerging Issues: Breaking News: Polish Legislators Make Waves With New Broadcast Media Law, Eu Human Rights Concerns On The Rise, Margery R. Beltran
Emerging Issues: Breaking News: Polish Legislators Make Waves With New Broadcast Media Law, Eu Human Rights Concerns On The Rise, Margery R. Beltran
University of Baltimore Journal of International Law
No abstract provided.
Student Comment: Syrian Refugees - Economic Benefit Or Substantial Burden On States Of The European Union, Aviana Cooper
Student Comment: Syrian Refugees - Economic Benefit Or Substantial Burden On States Of The European Union, Aviana Cooper
University of Baltimore Journal of International Law
This comment will discuss the current status of the Syrian refugee crisis as well as the economic and humanitarian issues the European Union is facing to assist these refugees in their escape. This comment will also discuss the efforts being made by the European Union to alleviate the issue of refugees coming into their member states. Further describing how these efforts are impacting the European Union’s budget and how much money has already been allocated towards these projects. Is it in the best interest of the European Union to continue to let refugees into their country by the thousands or …
Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande
Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande
All Faculty Scholarship
This short piece explains how the first unit discounts or rebates allegedly given by Intel on their X86 chips could harm competition, innovation, and PC purchasers in this crucial $33 billion/year market. For these reasons, their discounts or rebates could violate European Competition law and U.S. Antitrust law.
Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes
Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes
All Faculty Scholarship
Analysis of asylum policy in the United Kingdom thus requires examination of the complex interaction between domestic and international pressures, between legislative and judicial action, and between expansionism and restrictionism. In Part I, this paper considers the history of asylum in the UK through the 1990s, looking at the changes that occurred over the 20th century, and the international legal obligations at the core of the UK's asylum policy. The paper specifically addresses Britain's new commitments to European Union asylum policies, and the ways in which Britain's overall relationship with the EU affects Britain's domestic asylum policy. In Part II, …
Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White
Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White
All Faculty Scholarship
This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.
The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the federalism movement …
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
All Faculty Scholarship
The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …