European Law Commons^™

Update: International Human Rights, James Hart Mr.

Law Librarian Articles and Other Publications

This guide explains the procedures of the major international human rights systems because it is procedures that create the need to record or communicate. In other words, documents emanate from critical junctures in a process. The guide does not cover the content of the human rights themselves. Nor does it explicate the websites that hold the documents, but it will give you the information you will need to understand them. The guide will, however, give you URLs. With the information in the guide, you will be able to navigate your way through the websites without detailed directions. The first part …

Fundamental Rights, Federal States, And Sovereignty: Some Random Remarks, Donald H. Regan

Articles

I am not an EU lawyer. The days are long gone when I could know a substantial fraction of EU law just by knowing about the free movement of goods. I get a fleeting glimpse of where the EU is going every year at the Jean Monnet Seminar in Dubrovnik, but no more than a glimpse. Still, when the editors invited me to write this Editorial Note, I could not refuse. Looking for inspiration, I read or reread all the previous twelve Notes. This was an enjoyable and informative exercise in itself, but only a few of the essays suggested …

Brexit And The Wto: What Happens Next, Andrea Xu

Michigan Journal of Environmental & Administrative Law

In the summer of 2016, the United Kingdom (the “UK”) announced its decision to leave the European Union (the “EU”). This decision, more commonly known as “Brexit,” subsequently stirred British politics, which included Theresa May replacing David Cameron as Prime Minister. Brexit created a unique situation in European and global politics, and instigated a discussion among politicians, academics, economists, and the likes about how the UK will leave the EU and Brexit’s implications in the UK, Europe, and the world as a whole.

This Note analyzes one specific aspect of Brexit: the administrative procedures the UK must undergo to establish …

The Copyright Box Model, Stephen T. Black

Seattle University Law Review

Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These …

The Published Works Of Sir Nigel Rodley, James W. Hart

Law Librarian Articles and Other Publications

This work is a comprehensive bibliography of the writings of Sir Nigel Rodley that was compiled for the Urban Morgan Human Rights Conference Honoring Sir Nigel Rodley that was held at the University of Cincinnati College of Law on October 28 and 29, 2017. It lists the books that he was the sole author of, books that he edited either solely or with others, chapters in books edited by others, journal articles, conference papers, book reviews, reports issued as part of his UN work, two manuscripts, introductions, forwards, comments, tributes, and obituaries. It does not list decisions of the UN …

Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin

Notre Dame Law Review Reflection

Part I of this short Article explains the relevance of the Micropole and Achbita decisions; Part II explores the common line of reasoning behind them; and, finally, the conclusion analyzes their impact within the European scenario of religious freedom—especially for Muslims—and contrasts them with the United States’ approach to the topic.

Commercial Arbitration: Germany And The United States, Jill I. Gross, Christian Duve

Elisabeth Haub School of Law Faculty Publications

Arbitration has deep roots in the legal cultures of the United States and Germany--and is still an important option for resolving disputes in both countries today. As far back as Colonial times, US merchants used arbitration to settle industry disputes, and in the early 19th century, American stockbrokers resolved intra-industry disputes through arbitration at the New York Stock Exchange. In Germany, a country with a civil law rather than a common law tradition, commercial arbitration has been practiced for centuries: the first draft of the German Code of Civil Procedure from 1877 included a section establishing the legal foundations of …

The Evolution Of The European Union's Asylum Policy Through The 2015 Migrant Crisis, Roshni J. Sopariwalla

Claremont-UC Undergraduate Research Conference on the European Union

Since 2015, an unexpected number of migrants have rushed to the European Union in hopes of improving their lives. Contrary to their expectations, asylum-seekers realized that the EU is neither prepared nor willing to host them. This paper follows the progression of the EU’s asylum policies, beginning with the 1951 Geneva Convention and the principle of non-refoulement. After establishing the criteria necessary for a migrant to be legally recognized as a refugee, the paper will look at how the EU evaluates individual applications for asylum. Through the lens of the 2015 Migrant Crisis, this paper highlights the shortcomings of the …

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James

Journal of Digital Forensics, Security and Law

When considering the possession of child exploitation material U.S. and German courts have the same focus, but slightly different interpretations. This slight difference in interpretation could mean that in one country a defendant will be found guilty of possession while in the other country he or she could be found not guilty. In this work we examine the standards courts in Germany and the United States have used to combat child pornography, and analyze the approaches specifically related to viewing and possession of CEM. A uniform solution is suggested that criminalizes “knowing access with the intention to view” as a …

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc

Georgia Journal of International & Comparative Law

No abstract provided.

"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis

Georgia Journal of International & Comparative Law

No abstract provided.

Emotions In The Early Common Law (C. 1166–1215), John Hudson

Articles

Beyond dealing with wrongdoing and litigation, law has many other functions. It can be designed to make life more predictable, it can facilitate and promote certain actions, it can seek to prevent disputes by laying down rules, and provide routes to solutions other than litigation should disputes arise. All of these can have connections to matters of emotion. Using both lawbooks and records of cases from the Angevin period, the present article begins by looking at issues of land law rather than crime, and at law outside rather than inside court. It then returns to crime and litigation before exploring …

The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’

BYU Law Review

No abstract provided.

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …

Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh

Brooklyn Journal of International Law

Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …

Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart

Brooklyn Journal of International Law

In May 2014, the European Court of Justice decided Google Spain v. AEPD and González and granted citizens the right to be forgotten, rather, the right to request any search engine offering services to European consumers to remove certain results displayed after a search of a citizen’s name. This decision has also resulted in an ongoing battle between Google and the Commission Nationale de l’Infomatique et des Libertés (CNIL), France’s data protection authority. The CNIL believes that Google must apply the right to be forgotten to all domains worldwide, including Google.com. Google, however, has been reluctant to do so, given …

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

Cornell Law Faculty Publications

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the "burkini" on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally …

Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia

Senior Capstone Theses

This work discusses Italy's migrant reception system including its flaws and their effects. Furthermore, this work explores an alternative, sustainable model of migrant reception created in Riace, Calabria, that has been successful in varying towns across Italy. Ultimately, this work argues that this system, which is beneficial to both Italians and incoming migrants — specifically asylum seekers — can and should be implemented nationally to counter the current flawed system.