European Law Commons^™

The Italian Enlightenment And The American Revolution: Cesare Beccaria's Forgotten Influence On American Law, John Bessler

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The influence of the Italian Enlightenment—the Illuminismo—on the American Revolution has long been neglected. While historians regularly acknowledge the influence of European thinkers such as William Blackstone, John Locke and Montesquieu, Cesare Beccaria’s contributions to the origins and development of American law have largely been forgotten by twenty-first century Americans. In fact, Beccaria’s book, Dei delitti e delle pene (1764), translated into English as On Crimes and Punishments (1767), significantly shaped the views of American revolutionaries and lawmakers. The first four U.S. Presidents—George Washington, John Adams, Thomas Jefferson and James Madison—were inspired by Beccaria’s treatise and, in some cases, read …

Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger

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Widening wealth gaps in Western democracies have brought new scrutiny to relationships between property and political community. For the prior quarter century, Western legal scholars have urged privatization around the globe as the key to a virtuous circle of "market democracy." This Article traces origins of the market democracy consensus to ideas that identify positive features of political community -- liberty, wealth, or democracy -- with private property ownership. Fieldwork in Ukraine, where Western privatization advice was followed at a time of founding a new polity, provides data to compare predictions with outcomes. Two unexpected figures -- the Oligarch and …

Marxist And Soviet Law, Stephen C. Thaman

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This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.

The Penal Order: Prosecutorial Sentencing As A Model For Criminal Justice Reform?, Stephen C. Thaman

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This chapter traces the history of the penal order from its earliest roots through its consolidation as a normal alternative form of procedure in Germany. It compares the types of penal order procedures found in modern criminal procedure codes, and it compares penal orders with other “consensual” procedural modes that also involve considerable prosecutorial influence in determination of the level of guilt and punishment: diversion, pleas and stipulations of guilt, and abbreviated trials based on the contents of the preliminary investigation dossier. Finally, it explores whether the penal order, could eventually become a model for the consensual resolution of all …

Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

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This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …

Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger

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The emergence of post-Socialist legal orders is reshaping some of the familiar terrain of comparative legal studies. This Article, invited as part of an effort to think about the topic of "What the Rest think of the West," reconsiders the vast legal re-codification projects that stand at the center of "nation-building" projects in formerly Socialist states. Such projects, and the rupture from which they emerge, challenge essentialist or static notions of identity and assumptions of where the West is or where the Rest begin. Anthropological concepts of "liminality" and "deixis" assist in understanding Ukrainian legal experts' thinking on legal reforms …

Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Santos Rutschman

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This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright experience – the creation of a quasi pan- continental license in the music field – but it might have lost that opportunity in the midst of non-binding recommendations and resolutions. This article argues this loss is due to the overreaching persistence of old paradigms, namely the principle of territoriality.

Truth Or Legality: The Limits On The Laundering Of Illegally Gathered Evidence In A State Under The Rule Of Law (Verdad O Legalidad: Los Límites Del Blanqueo De Pruebas Ilegalmente Recogidas En Un Estado De Derecho) (Spanish), Stephen C. Thaman

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This paper discusses the tension between the constitutional rights to silence and to privacy and the important goal of criminal procedure to ascertain the truth. It traces exclusionary rules from the inquisitorial rules relating to nullities, to modern constitutional, statutory and jurisprudential rules for excluding illegally gathered evidence.

Note: downloadable document is in Spanish

The Influence Of Marcus Tullius Cicero On Modern Legal And Political Ideas, Mortimer N.S. Sellers

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Marcus Tullius Cicero is the father of modern law and politics. Cicero's influence was significant throughout subsequent European history, but never so much nor so directly as in the emergence of modernity and in the development of modern law and constitutional government. The early moderns became faithful apostles of Cicero's thought and ideals because their world and political circumstances were in many ways closer to those of Cicero than to those of any intervening centuries. The influence of Cicero's legal and political ideas on the modern world illustrates the decisive importance that the study of history can have on legal …

The Future Of Article 82: Dissecting The Conflict, David J. Gerber

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Underlying the recurring debates over the future of Article 82 EC are competing images of what its goals are and should be. Such debates about the interpretation and application of Article 82 are not new, and they are also not likely to end, because the legal concept of “abuse” is sufficiently abstract and capacious to allow multiple conceptions of its goals. Where goals become contested and controversial, however, debates can lead to confusion and uncertainty rather than progress in thinking about the issues, and this threatens to occur in the context of discussions of Article 82 and its future. Clashing …

Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber

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In European competition law, the term "modernization" has been a catchword and focus of attention since the late 1990s. Usually, the reference is to "procedural" or "institutional" modernization. The European Commission used the term "modernization" in referring to the important set of changes in the institutional structure and procedures of competition law that it introduced in 2004, and it has fundamentally changed important procedures for developing and applying competition law in Europe. During the same period in which this form of modernization was proceeding, another form of "modernization" was also taking shape that represents a fundamental reorientation of much of …

The "Modernisation" Of European Community Competition Law: Achieving Consistency In Enforcement-Part Ii (With P. Cassinis), David J. Gerber

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No abstract provided.

The Evolution Of A European Competition Law Network, David J. Gerber

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No abstract provided.

The Common Core Of European Private Law: The Project And Its Books, David J. Gerber

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No abstract provided.

The European Commission's Ge/Honeywell Decision: U.S. Responses And Their Implications, David J. Gerber

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No abstract provided.

Modernizing European Competition Law: A Developmental Perspective, David J. Gerber

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No abstract provided.

Miranda In Comparative Law, Stephen C. Thaman

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Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …

Europe And The Globalization Of Antitrust Law, David J. Gerber

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No abstract provided.

Spain Returns To Trial By Jury, Stephen C. Thaman

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In 1995, the Spanish Parliament reenacted trial by jury in criminal cases by implementing a mandate of the 1978 post Franco Spanish Constitution. This article discusses the 17 year dispute, following the ratification of the democratic post-Franco Spanish Constitution, on whether Article 25 mandated the reintroduction of lay participation in the criminal trial, and, if so, whether in the form of the classic jury or a continental European style court with lay assessors. This article analyzes the Law on Trial by Jury and its implementation in the first year of trials, and references Spain’s experience with trial by jury in …

Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme Dinwoodie

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No abstract provided.

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

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No abstract provided.

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

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No abstract provided.

Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber

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No abstract provided.

The Transformation Of European Community Competition Law, David J. Gerber

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No abstract provided.

The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber

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No abstract provided.

Law And The Abuse Of Economic Power In Europe, David J. Gerber

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No abstract provided.

Digest Of (1982) Eugrz Parts 1-24, Harvey Morrell

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No abstract provided.