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Articles 1 - 23 of 23
Full-Text Articles in Law
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart
Georgia Journal of International & Comparative Law
No abstract provided.
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Georgia Journal of International & Comparative Law
No abstract provided.
British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste
British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste
Georgia Journal of International & Comparative Law
No abstract provided.
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Georgia Journal of International & Comparative Law
No abstract provided.
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Guide Of Where To Die: Should The United Kingdom Repeal Its Inheritance Tax?, William T. Thistle
A Comparative Guide Of Where To Die: Should The United Kingdom Repeal Its Inheritance Tax?, William T. Thistle
Georgia Journal of International & Comparative Law
No abstract provided.
"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova
"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova
Georgia Journal of International & Comparative Law
No abstract provided.
Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele
Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele
Georgia Journal of International & Comparative Law
No abstract provided.
Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris
Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris
Georgia Journal of International & Comparative Law
No abstract provided.
"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison
"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Georgia Journal of International & Comparative Law
No abstract provided.
Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey
Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey
Seattle University Law Review
This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon establishing that a …
Media Ownership Regulations: A Comparative Perspective, Enrique Armijo
Media Ownership Regulations: A Comparative Perspective, Enrique Armijo
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
Biodefense And Constitutional Constraints, Laura K. Donohue
Biodefense And Constitutional Constraints, Laura K. Donohue
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The English Approach To Compétence-Compétence, Ozlem Susler
The English Approach To Compétence-Compétence, Ozlem Susler
Pepperdine Dispute Resolution Law Journal
The article examines the Great Britain legislation and practice in compétence-compétence and provides an overview of British approach to arbitral jurisdiction. It states that there are two effects of the principle of compétence-compétence, the positive effect permit arbitral tribunals to make a ruling on their own jurisdiction to hear the dispute and negative effect restricts court to provide the tribunal an opportunity to determine its own jurisdiction.
Balancing The Scales: Adhuc Sub Judice Li Est Or "Trial By Media", Casey J. Cooper
Balancing The Scales: Adhuc Sub Judice Li Est Or "Trial By Media", Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush
University of Baltimore Journal of International Law
This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
Private Antitrust Enforcement And Tentative Steps Toward Collective Redress In Europe And The United Kingdom, Maria Teresa Vanikiotis
Private Antitrust Enforcement And Tentative Steps Toward Collective Redress In Europe And The United Kingdom, Maria Teresa Vanikiotis
Fordham International Law Journal
No abstract provided.
Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai
Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai
Faculty Scholarship
This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …
Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.
Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.
All Faculty Scholarship
The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States, with its …
"La Transposición De La Directiva 2011/83/Ue Al Derecho Del Reino Unido: 'The (Information, Cancellation And Additional Charges) Regulations 2013'", Luis González Vaqué
"La Transposición De La Directiva 2011/83/Ue Al Derecho Del Reino Unido: 'The (Information, Cancellation And Additional Charges) Regulations 2013'", Luis González Vaqué
Luis González Vaqué
En este artículo se describe y explica sucintamente la transposición al Derecho del Reino Unido de la Directiva 2011/83/UE, de 25 de octubre de 2011, sobre los derechos de los consumidores, por la que se modifican la Directiva 93/13/CEE y la Directiva 1999/44/CE y se derogan las Directivas 85/577/CEE y 97/7/CE, teniendo en cuenta las tres principales áreas cubiertas por la citada Directiva 2011/83/UE: la información que los comerciantes deben facilitar al consumidor, el derecho de desistimiento en los contratos a distancia y los contratos celebrados fuera de un establecimiento y las medidas para impedir los costes encubiertos.