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Articles 121 - 150 of 211
Full-Text Articles in Comparative and Foreign Law
Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari
Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari
Richmond Journal of Global Law & Business
No abstract provided.
A House Divided: Exploring Implications Of Decentralized Regulation Of Genetically Modified Crops In The European Union, Kathryn M. Biszko
A House Divided: Exploring Implications Of Decentralized Regulation Of Genetically Modified Crops In The European Union, Kathryn M. Biszko
Georgia Journal of International & Comparative Law
No abstract provided.
European Arrest Warrants In The Uk: What Can Britain Learn From American Due Process?, Andrei Vlad Ionescu
European Arrest Warrants In The Uk: What Can Britain Learn From American Due Process?, Andrei Vlad Ionescu
Georgia Journal of International & Comparative Law
No abstract provided.
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
Journal of the National Association of Administrative Law Judiciary
The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.
The Expansion Of Trademark Rights In Europe, Irina Pak
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.
Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu
San Diego International Law Journal
This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …
A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb
Journal of the National Association of Administrative Law Judiciary
This Comment explores the regulatory fallout from the global financial crisis. Across borders, policy makers are united in their conviction to reconcile the perceived failures of their predecessors to foresee and prevent the crisis, the effects of which show no signs of abating. A critical component of what caused the crisis was the inability to correct failures in the consumer credit market, specifically in subprime mortgages. Exacerbated by an influx of capital and a generally weak regulatory environment, this market failure manifested itself forcefully through a tidal wave of defaults in the American mortgage market that sent shock waves around …
Exiting The Euro, Frederick V. Perry, Wendy Gelman
Exiting The Euro, Frederick V. Perry, Wendy Gelman
Richmond Journal of Global Law & Business
The Crisis in the Euro Zone threatens to break up the Euro and perhaps derail the European Union itself. Many argue that a Member State exiting the Euro would be not only unthinkable, but also a practical impossibility, given the status of the “constitutionality” of European law, the treaties forming the European Union and the Euro, and customary European law. Europeans have been, for centuries, very creative in forging economic and trading alliances—some that appeared to be political alliances and even elementary union. They have also, on more than one occasion, attempted to confect monetary stability. Some of these attempts …
Internal Legitimacy And Europe's Piecemeal Constitution: Reflections On Van Gend At 50, Daniel H. Halberstam
Internal Legitimacy And Europe's Piecemeal Constitution: Reflections On Van Gend At 50, Daniel H. Halberstam
Book Chapters
Europe is often said to lack a proper constitution of the radical American kind. That may be so, but there is a different, more promising sense in which Europe might be following the very best of the constitutional tradition.
Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe
Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe
Books
Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – …
Critical Legal Histories In Eu Law, Fernanda Nicola
Critical Legal Histories In Eu Law, Fernanda Nicola
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: A workshop aiming to narrate the history of EU Law took place in November 2012 at a critical time for the very existence of the Union and its role as a global actor. On the one hand, the current financial crisis is weakening some of the foundations and values that, in the last sixty years, EU lawyers, judges, and scholars have relied on. On the other hand, the U.S. government is pursuing a Transatlantic Free Trade and Investment Agreement with the EU, aimed at creating a Western bloc to resist the rising Chinese power. The fascination of current EU …
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
All Faculty Scholarship
The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
Law Faculty Scholarship
No abstract provided.
Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam
Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam
Book Chapters
In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European legal order is based on competing claims of ultimate legal authority among the European Union and its member states, so, too, the global legal order, to the extent that we can speak of one, lacks a singular, uncontested hierarchy among its various parts. To be sure, some have argued that the UN Charter provides …
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Sarkozy's New Diplomacy: A Reassessment Of The Third Rift In Franco-American Relations, David Drake
Sarkozy's New Diplomacy: A Reassessment Of The Third Rift In Franco-American Relations, David Drake
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Eu's Common Foreign Policies Towards Russia: Past, Present And Future, Yigit Canay
Eu's Common Foreign Policies Towards Russia: Past, Present And Future, Yigit Canay
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Article 301 And Turkish Stability, Elizabeth White
Article 301 And Turkish Stability, Elizabeth White
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Business Insolvency And The Irish Debt Crisis, Paul B. Lewis
Business Insolvency And The Irish Debt Crisis, Paul B. Lewis
Richmond Journal of Global Law & Business
No abstract provided.
Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?, S. I. Strong
Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?, S. I. Strong
Faculty Publications
This article is the first to consider the European resolution from a regulatory perspective, using a combination of new governance theory and equivalence functionalism to determine whether the European Union has adopted or is in the process of adopting a form of regulatory litigation. In so doing, the article considers a number of issues, including the basic definition of regulatory litigation, how class and collective relief can act as a regulatory mechanism and the special problems that arise when regulatory litigation is used in the transnational context. The article also includes a normative element, providing a number of suggestions on …
Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam
Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam
Book Chapters
The idea that constitutionalism is central to the legitimate exercise of public power has dominated the modern liberal imagination since the Enlightenment. The ideal of limited collective self-governance has spawned a rich and highly diverse tradition of hard-fought national constitutions from the time of the Glorious Revolution into the present. Today, however, constitutionalism faces its greatest challenge yet: the question of its continued relevance to modern governance. With the explosion of governance beyond the state, many wonder whether constitutionalism as we know it is being marginalized or altogether undermined.
Opportunistic Discipline: Using Eurasian Integration To Improve Sanctions Against Belarus, Ilya Zlatkin
Opportunistic Discipline: Using Eurasian Integration To Improve Sanctions Against Belarus, Ilya Zlatkin
Richmond Journal of Global Law & Business
No abstract provided.
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Richmond Journal of Global Law & Business
As World Trade Organization (“WTO”) Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of …
Arbitration Agreements That Discriminate In The Selection And Appointment Of Arbitrators, Jeff Dasteel
Arbitration Agreements That Discriminate In The Selection And Appointment Of Arbitrators, Jeff Dasteel
Richmond Journal of Global Law & Business
No abstract provided.
Rethinking Merger Efficiencies, Daniel A. Crane
Rethinking Merger Efficiencies, Daniel A. Crane
Articles
The two leading merger systems-those of the United States and the European Union-treat the potential benefits and risks of mergers asymmetrically. Both systems require considerably greater proof of efficiencies than they do of potential harms if the efficiencies are to offset concerns over the accumulation or exercise of market power The implicit asymmetry principle has important systemic effects for merger control. It not only stands in the way of some socially desirable mergers but also may indirectly facilitate the clearance of some socially undesirable mergers. Neither system explicitly justifies this asymmetry, and none of the plausible justifications are normatively supportable. …
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Law Faculty Scholarship
In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver's heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent's estate--and these forced shares are assessed against a notional “estate” that includes the testator's inter vivos gifts. If the total of these forced shares exceeds the amount actually available in the decedent's estate at death, the recipients of the gifts, or their successors, may be forced …
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo
University of Miami International and Comparative Law Review
This article attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile - a history of dictatorship, an information technology revolution, and strong trade with the European Union - its data protection laws are in fact very weak. What explains this apparent disconnect? This article challenges the conventional wisdom that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …
Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles
Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles
Articles
The law of exclusionary vertical restraints-contractual or other business relationships between vertically related firms-is deeply confused and inconsistent in both the United States and the European Union. A variety of vertical practices, including predatory pricing, tying, exclusive dealing, price discrimination, and bundling, are treated very differently based on formalistic distinctions that bear no relationship to the practices' exclusionary potential. We propose a comprehensive, unified test for all exclusionary vertical restraints that centers on two factors: foreclosure and substantiality. We then assign economic content to these factors. A restraint forecloses if it denies equally efficient rivals a reasonable opportunity to make …
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
The United States has long benefited as a leader in attracting the "best and brightest" immigrants. However, the world has changed since the U.S. immigration system's last major modification in 1990. The United States is no longer the primary destination for many talented immigrants. Many other nations have enacted immigration systems meant to attract the best and brightest immigrants. These immigration systems are often point- based and allow potential immigrants to quickly determine eligibility. By comparison, the U.S. immigration system is slow and complicated. Many now question the United States' ability to attract talented immigrants. This Article first examines how …
Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna
Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna
University of Miami International and Comparative Law Review
No abstract provided.