Law Commons^™

Beyond The Reasons Stated In Judgments, Giorgio Gaja

Michigan Law Review

A Review of The Legal Reasoning of the European Court of Justice: Towards a European Jurisprudence by Joxerramon Bengoetxea

Are We Compatible?: Current European Community Law On The Compatibility Of Joint Ventures With The Common Market And Possibilities For Future Development, Alyssa A. Grikscheit

Michigan Law Review

The Commission and commentators note that the potential for reform in the procedural arena is quite great. The current literature discusses the difficulties would-be venturers have in determining if their proposed venture is concentrative or cooperative and the procedural differences between notifications under the two standards.

This Note argues, however, that the substantive differences between the two standards are even more problematic than the procedural ones. Reducing the substantive differences between the two compatibility standards, short of creating a single standard that is unresponsive to the tensions between concentrative and cooperative situations, will have a beneficial impact. Similar standards of …

Intellectual Property And The External Power Of The European Community: The New Extension, A. David Demiray

Michigan Journal of International Law

"[T]heory is somewhat lagging behind the facts and developing only in reaction to these facts," argues C.W.A. Timmermans regarding the European Community's (the EC or the Community) legal basis for extending its external power. The Community tends to extend its external competence before having a clear authority for doing so and only later provides a post hoc rationale. This observation suggests that the justification, not the propriety, of a newly acquired external competence is the question. Nowhere is this modus operandi better illustrated, or more sorely tested, than by the Community's growing involvement with and pursuit of international intellectual property …

A Typology Of Transjudicial Communication, Anne-Marie Slaughter

University of Richmond Law Review

Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."

The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert

Vanderbilt Journal of Transnational Law

This Note examines the balance of power between the European Community and its Member States through the window of the Irish abortion debate. The framework for that debate has been shaped largely by two judicial bodies: the Irish judiciary and the European Court of Justice (ECJ), the judicial arm of the European Community. The Irish judiciary has approached the abortion question through an analysis of the content of substantive individual rights protected by the Irish Constitution. The ECJ, on the other hand, has addressed abortion from the standpoint of the European Community's goal of uninhibited commerce between Member States. These …

Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean

Michigan Journal of International Law

Review of Singular Europe: Economy and Polity of the European Community After 1992 (William J. Adams ed.) and Decision-Making in the European Community: The Council Presidency and European Integration by Emil J. Kirchner