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Company Law In The European Union And The United States: A Comparative Analysis Of The Impact Of The Eu Freedoms Of Establishment And Capital And The U.S. Interstate Commerce Clause, Christoph Allmendinger
Company Law In The European Union And The United States: A Comparative Analysis Of The Impact Of The Eu Freedoms Of Establishment And Capital And The U.S. Interstate Commerce Clause, Christoph Allmendinger
William & Mary Business Law Review
Since the decision of the European Court of Justice in the Centros case, it has become popular in company law to draw comparisons between the United States economic constitution and the Single European Market. Since then, fears of a European “Delaware Effect,” which would create a “race to the bottom,” have hounded the debate on European company law. In this discussion, however, the unique constitutional framework of both the EU and the U.S. is seldom regarded. This constitutional framework, nevertheless, determines the behavior of both the legislators at state level and the market participants. This Article compares the impact of …
Sages, Savages, And Other Speech Act Communities: Culture In Comparative Law, Monica Eppinger
Sages, Savages, And Other Speech Act Communities: Culture In Comparative Law, Monica Eppinger
Saint Louis University Law Journal
This Article re-examines the possible utility of the concept of culture in comparative law. It reviews some limits and misuses of the concept of culture and introduces a components approach to using it in comparative analysis. First presented at a Symposium inspired by Laurence Tribe’s The Invisible Constitution, the Article takes up a key question emerging from Tribe’s work: How does a constitution constitute? Two conceptual tools from anthropology and sister disciplines, performative speech acts and performance theory, lend insight into how discourse produces literal meaning and, in parallel, produces and reproduces speech act communities. Having introduced a components …