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Articles 1 - 13 of 13
Full-Text Articles in European Law
The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan E. Alford
The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan E. Alford
Faculty Publications
In this paper, I consider the case of supervisory cooperation among bank regulators where voluntary cooperation (soft law) over a period of 50 years has become hard law (regulations and directives) within the European Union. Driven by major international bank failures or financial crises, international standards for prudential supervisory cooperation among bank regulators have steadily developed and become more precise and defined since the early 1970s.
You Shall Not Pass! How The Dublin System Fueled Fortress Europe, Ashley B. Armstrong
You Shall Not Pass! How The Dublin System Fueled Fortress Europe, Ashley B. Armstrong
Faculty Publications
This Article examines the recent proliferation of walls and fences in Europe, fueled by the Dublin Regulation’s failure to distribute responsibility for asylum seekers equitably among European states. Legal scholarship does not lack literature bemoaning the failures of the E.U.’s Dublin Regulation—which dictates, generally, that the country where an asylum seeker first enters the E.U. is responsible for processing his or her claim for protection. Yet scholarship on border walls and fences, and what induces European states to construct them, is not prominent in the literature. The critiques lodged against the Dublin Regulation have primarily focused on its futility and …
Chutes And Ladders: Nonrefoulement And The Sisyphean Challenge Of Seeking Asylum In Hungary, Ashley B. Armstrong
Chutes And Ladders: Nonrefoulement And The Sisyphean Challenge Of Seeking Asylum In Hungary, Ashley B. Armstrong
Faculty Publications
Recent developments in Hungary’s asylum law and policy demonstrate an extraordinary subversion of the refugee rights regime and serve as a case study of how a State can pervert its national laws to shirk its international and regional treaty obligations. This Article has two major goals. First, it traces the devolution of Hungarian asylum law from the height of the 2015 refugee crisis to July 2018 through a critical lens. Second, it argues that Hungary is in violation of its nonrefoulement obligations, which prohibits States from returning refugees to countries where they will likely face harm. This Article focuses its …
Large-Scale Dispute Resolution In Jurisdictions Without Judicial Class Actions: Learning From The Irish Experience, S. I. Strong
Large-Scale Dispute Resolution In Jurisdictions Without Judicial Class Actions: Learning From The Irish Experience, S. I. Strong
Faculty Publications
Recent years have seen an unprecedented expansion of the ability to assert large-scale claims in national judicial systems, either on a collective or representative (class) basis. Numerous countries, including many that excoriated United States-style class actions in the past, have now adopted various forms of collective redress as society's need to respond large-scale claims has increased. Although every jurisdiction has developed its own unique method of responding to large-scale legal injuries, there appears to be a growing consensus that contemporary legal systems require some means of responding to widespread harm involving the same or similar facts. Not every jurisdiction has …
Pre-Constitutional Law And Constitutions: Spanish Colonial Law And The Constitution Of Cádiz, M C. Mirow
Pre-Constitutional Law And Constitutions: Spanish Colonial Law And The Constitution Of Cádiz, M C. Mirow
Faculty Publications
This article contributes to the intellectual and legal history of this constitutional document. It also provides a close study of how pre-constitutional laws are employed in writing constitutions. It examines the way Spanish colonial law, known as "derecho indiano" in Spanish, was used in the process of drafting the Constitution and particularly the way these constitutional activities and provisions related to the Americas. The article asserts that this pre-constitutional law was used in three distinct ways: as general knowledge related to the Americas and their institutions; as a source for providing a particular answer to a specific legal question; and …
Crosses And Culture: State-Sponsored Religious Displays In The Us And Europe, Mark L. Movsesian
Crosses And Culture: State-Sponsored Religious Displays In The Us And Europe, Mark L. Movsesian
Faculty Publications
This article compares the recent jurisprudence of the US Supreme Court and the European Court of Human Rights on the question of state-sponsored religious displays. Both tribunals insist that states have a duty of religious “neutrality,” but each defines that term differently. For the Supreme Court, neutrality means that government may not proselytize, even indirectly, or appear to favor a particular church; neutrality may even mean that government must not endorse religion generally. For the ECtHR, by contrast, neutrality means only that government must avoid active religious indoctrination; the ECtHR allows government to give “preponderant visibility” to the symbols of …
From Kosovo To Catalonia: Separatism And Integration In Europe, Christopher J. Borgen
From Kosovo To Catalonia: Separatism And Integration In Europe, Christopher J. Borgen
Faculty Publications
In July 2010 the International Court of Justice rendered its Advisory Opinion on the legality of Kosovo's declaration of independence and the Constitutional Court of Spain rendered an opinion concerning the autonomy of Catalonia. Two very different cases, from very different places, decided by very different courts. Nonetheless, they each provide insights on the issue of separatism in the midst of European integration. Does the Kosovo opinion open the door for other separatist groups? Does the process of European integration increase or undercut separatism? In addressing these questions, this article proceeds in three main parts. Part A briefly recaps the …
Primer For U.S. Lawyers On European Union Government And Law, Charles H. Koch Jr.
Primer For U.S. Lawyers On European Union Government And Law, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Understanding The Unrest Of France’S Younger Workers: The Price Of American Ambivalence, Joseph Seiner
Understanding The Unrest Of France’S Younger Workers: The Price Of American Ambivalence, Joseph Seiner
Faculty Publications
The youth of France refer to themselves as the “throwaway generation,” in part because they perceive that their value to the labor market is simply disregarded by the government. Against this backdrop, young French workers recently took to the streets in riot to protest a newly enacted employment law that stripped employees under the age of twenty-six of many of their employment protections. The protests persisted after the French Constitutional Council held that the law did not violate France's constitution. The continued violent opposition ultimately forced French President Jacques Chirac to abandon the law, resulting in an embarrassing defeat for …
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
Faculty Publications
Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.
The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks
The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks
Faculty Publications
No abstract provided.
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Faculty Publications
No abstract provided.
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Faculty Publications
No abstract provided.