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Articles 1 - 30 of 148

Full-Text Articles in Law

Rico Extraterritoriality, Rjr Nabisco And Shareholder Residence – A Key Consideration In Determining Rico Domestic Injury, Laurence A. Steckman, Esq., Adam J. Rader, Esq. Jan 2020

Rico Extraterritoriality, Rjr Nabisco And Shareholder Residence – A Key Consideration In Determining Rico Domestic Injury, Laurence A. Steckman, Esq., Adam J. Rader, Esq.

Touro Law Review

No abstract provided.


The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren Iii Apr 2019

The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren Iii

Manning G. Warren III

No abstract provided.


Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum Jan 2016

Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.


The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag Apr 2015

The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag

Georgia Journal of International & Comparative Law

No abstract provided.


European Communities Commission - Greenland - Ec Commission Draft Approves Withdrawal Of Greenland From The European Community And Proposes Terms For Economic Reassociation, Kevin Mason Apr 2015

European Communities Commission - Greenland - Ec Commission Draft Approves Withdrawal Of Greenland From The European Community And Proposes Terms For Economic Reassociation, Kevin Mason

Georgia Journal of International & Comparative Law

No abstract provided.


European Community - Luxembourg Compromise - Council Of The European Community Ignores British Attempt To Exercise Implied Veto Power Of Luxembourg Compromise, Kevin Mason Mar 2015

European Community - Luxembourg Compromise - Council Of The European Community Ignores British Attempt To Exercise Implied Veto Power Of Luxembourg Compromise, Kevin Mason

Georgia Journal of International & Comparative Law

No abstract provided.


Capturing The Transplant: U.S. Antitrust Law In The Eu, Silvia Beltrametti Feb 2015

Capturing The Transplant: U.S. Antitrust Law In The Eu, Silvia Beltrametti

Silvia Beltrametti

The scholarly literature on the movement of legal norms focuses almost exclusively on transfers from one jurisdiction to another. It largely ignores transfers into new regulatory regimes. Drawing on a case study of the transplantation of U.S. antitrust law into the nascent entity that was to become the European Community, and analyzing its evolution from a public choice perspective, this Article suggests that transfers into new regulatory regimes are more likely to be effective when the lack of established institutions creates opportunities for stakeholders. The endorsement of a new law will enable stakeholders to influence its application and to capture …


Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn Jan 2015

Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn

Georgia Journal of International & Comparative Law

No abstract provided.


European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley Jan 2015

European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Completing The Internal Market Of The European Community: 1992 Handbook. Mark Brealey And Conor Quigley. London, England: Graham & Trotman, Ltd., 1993., Jean-Marie R.A. Henckaerts Dec 2014

Book Review: Completing The Internal Market Of The European Community: 1992 Handbook. Mark Brealey And Conor Quigley. London, England: Graham & Trotman, Ltd., 1993., Jean-Marie R.A. Henckaerts

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 Dec 2014

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.


Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson Nov 2014

Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii Nov 2014

Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii

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 Nov 2014

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.


Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall Nov 2014

Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall

Georgia Journal of International & Comparative Law

No abstract provided.


Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas Oct 2014

Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas

Georgia Journal of International & Comparative Law

No abstract provided.


The Ascendancy Of European Community Law--The Implications Of The Court Of Justice Decision In Magill On The Balance Between National And Ec Intellectual Property Law, Tanya Doherty Reagan Oct 2014

The Ascendancy Of European Community Law--The Implications Of The Court Of Justice Decision In Magill On The Balance Between National And Ec Intellectual Property Law, Tanya Doherty Reagan

Georgia Journal of International & Comparative Law

No abstract provided.


Eec Law: A Practical Guide, Christine Corcos Sep 2014

Eec Law: A Practical Guide, Christine Corcos

Christine A. Corcos

No abstract provided.


Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein Sep 2014

Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein

Georgia Journal of International & Comparative Law

No abstract provided.


The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman Nov 2012

The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman

Pepperdine Law Review

No abstract provided.


The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii Nov 2012

The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii

Pepperdine Law Review

No abstract provided.


Reflections, Asil Newsletter, William James Adams, Susam Baer, Lee C. Bollinger, Jacques Bourgeois, David D. Caron, Roger C. Cramton, Tomas Dumbrovsky, Claus-Dieter Ehlermann, Rosalyn Higgins, Nicholas Calcina Howson, Jon Henry Kouba, Panos Koutrakos, Peter Kresák, Hans Christian Krüger, Jeffrey S. Lehman, Pierre Mathijsen, William I. Miller, John A.E. Pottow, Li Qian, John Reitz, Gerald M. Rosberg, Joseph L. Sax, Detlev Vagts, Michel Waelbroeck, John M. Walker Jan 2011

Reflections, Asil Newsletter, William James Adams, Susam Baer, Lee C. Bollinger, Jacques Bourgeois, David D. Caron, Roger C. Cramton, Tomas Dumbrovsky, Claus-Dieter Ehlermann, Rosalyn Higgins, Nicholas Calcina Howson, Jon Henry Kouba, Panos Koutrakos, Peter Kresák, Hans Christian Krüger, Jeffrey S. Lehman, Pierre Mathijsen, William I. Miller, John A.E. Pottow, Li Qian, John Reitz, Gerald M. Rosberg, Joseph L. Sax, Detlev Vagts, Michel Waelbroeck, John M. Walker

Faculty Scholarship

The American Society of International Law Committee recommended that the Manley 0. Hudson Medal be awarded to Professor Eric Stein for his lifetime of significant contributions to international and comparative law. Stein, the Hessel E. Yntema Professor of Law, Emeritus, at the University of Michigan Law School, had been an active supporter of ASIL as Honorary Vice President, Counsellor, and Honorary Editor of, and frequent contributor to, the American Journal of International Law. His many books and articles established him as a leading thinker and writer on European Community law and on what he described in a famous article …


The European Court’S Political Power Across Time And Space, Karen Alter Jan 2009

The European Court’S Political Power Across Time And Space, Karen Alter

Faculty Working Papers

This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …


Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler Jan 2008

Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler

Marquette Intellectual Property Law Review

This Article criticizes the institutional setup in which the antitrust policies regarding IP exploitation are designed and enforced. The author compares how IP licensing is scrutinized by antitrust regimes in the European Union and the United States. The result of that comparison leads to the conclusion that any attempted resolution of the IP-Antitrust dilemma will remain inadequate as long as it is antitrust-based, that is, regulated by antitrust laws or guidelines designed by antitrust-agencies. The author argues that antitrust concerns can and should be accounted for through proper construction and application of the IP laws themselves. The article suggests a …


Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp Jul 2007

Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp

Marquette Intellectual Property Law Review

Although the European intellectual property law concept of the doctrine of exhaustion appears superficially straightforward, uncertainty as to its doctrinal foundations remains. The author explores the status of the doctrine, its interpretation and scope within European Community law, and the pertinent issues regarding the doctrine in relation to both domestic and cross-border issues. The complex structure of the doctrine of exhaustion has made it difficult to formulate more refined rules governing licensing provisions restricting the free circulation of goods. The result of this analysis indicates conflict between the freedom to provide goods and services under European Community law and classifying …


Bridging The Transatlantic Divide: Legal Aspects Of A Link Between Regional Carbon Markets In Europe And The United States , Michael A. Mehling Jan 2007

Bridging The Transatlantic Divide: Legal Aspects Of A Link Between Regional Carbon Markets In Europe And The United States , Michael A. Mehling

Sustainable Development Law & Policy

No abstract provided.


Ec Reforms Of Corporate Governance And Capital Markets Law: Do They Tackle Insiders' Opportunism?, Luca Enriques, Matteo Gatti Jan 2007

Ec Reforms Of Corporate Governance And Capital Markets Law: Do They Tackle Insiders' Opportunism?, Luca Enriques, Matteo Gatti

Northwestern Journal of International Law & Business

Company and capital markets laws are rapidly evolving everywhere: there are few countries around the world where they have not been the subject of reform or where at least a reform agenda has not been devised. There are various reasons for this, both global and local. Among the global (or common) reasons for reform, two at least deserve to be singled out: large-scale market crises or prominent economic scandals, and financial development.


European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle Dec 2006

European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle

Eric A. Engle

The article outlines instances where the U.S. Supreme Court has considered E.U. laws (and foreign law, generally) in its decision making process to explain how and when foreign law may be succesfully invoked by litigants.


Theories Of Supranationalism In The Eu, Rafael Leal-Arcas Sep 2006

Theories Of Supranationalism In The Eu, Rafael Leal-Arcas

ExpressO

Supranationalism has been a topic of analysis from various points of view when trying to understand the process of European integration. This article aims at presenting the major theories of supranationalism when discussing the ongoing process of European integration. Three main theories are examined: 1) normative versus decisional supranationalism; 2) theories of partial integration, and 3) legal theories of economic integration (such as the neo-liberal economic policy, the European Community (EC) as a special-purpose association of functional integration, as well as the theory of the supranational and intergovernmental dual structure of the EC).


Polycephalous Anatomy Of The Ec In The Wto: An Analysis Of Law And Practice, Rafael Leal-Arcas Sep 2006

Polycephalous Anatomy Of The Ec In The Wto: An Analysis Of Law And Practice, Rafael Leal-Arcas

ExpressO

This article analyzes the unique legal position of the European Community (EC) in the world trading system. Its polycephalous anatomy derives from the fact that all 25 Member States of the EC are members of the World Trade Organization (WTO) along with the EC itself. This means that when referring to the EC, the whole as well as its parts are independent Members of the WTO. This has legal and political consequences related to the allocation of powers between the national and supranational levels that will be analyzed. The article explains what is meant by a “mixed agreement” and analyzes …