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Columbia Law Review

Comparative and Foreign Law

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Full-Text Articles in Law

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann Jan 1994

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann

Faculty Scholarship

For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been endorsed." Despite subsidiarity ...


The Scope Of Consular Immunity Under The Vienna Convention On Consular Relations: Towards A Principled Interpretation Notes, Curtis J. Milhaupt Jan 1988

The Scope Of Consular Immunity Under The Vienna Convention On Consular Relations: Towards A Principled Interpretation Notes, Curtis J. Milhaupt

Faculty Scholarship

A consular officer, mistaken for a' trespasser as he leaves his mission to attend a cultural function, struggles with a police officer and is subsequently charged with assault and battery.1 The Vienna Convention on Consular Relations 2 provides that consular officers3 are immune from jurisdiction for "acts performed in the exercise of consular functions."4 Does the Vienna Convention shield the consular officer from suit? The scope of consular immunity is uncertain because courts differ in their application of the Convention's immunity rule.

This Note argues that a principled interpretation of the scope of consular immunity consistent ...


Integrating Governmental And Officer Tort Liability, George A. Bermann Jan 1977

Integrating Governmental And Officer Tort Liability, George A. Bermann

Faculty Scholarship

The legislative and judicial dismantling of sovereign immunity is among the more significant and celebrated reforms of recent American administrative law. In many instances, this development has given those seeking damages for wrongful governmental action their first and only defendant. Even in situations in which litigants already had a cause of action against individual public officials, making the government amenable to suit has enhanced the chances of actual recovery, since officials often lack the means to satisfy judgments rendered against them. The immunity from liability enjoyed by public officials also has undergone a complex series of changes. Though still in ...