The French Jury At A Crossroads, 2011 Chicago-Kent College of Law
The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain
Chicago-Kent Law Review
Since its inception, the French jury system has generated controversy and passionate argument. The jury originated at the time of the French Revolution as a potent symbol of democratic self-governance. Alternately praised and attacked by successive governments over two centuries, the jury became entrenched in the French justice system and in the French mind. Yet, in recent years, the French jury's future has become the subject of intense political debate. This article provides an overview of historical changes to the French jury system, describing how it was transformed from an independent body of lay citizens into a mixed decisionmaking body …
Silent Lay Judges—Why Their Influence In The Community Falls Short Of Expectations, 2011 Chicago-Kent College of Law
Silent Lay Judges—Why Their Influence In The Community Falls Short Of Expectations, Stefan Machura
Chicago-Kent Law Review
Lay judges in Germany serving at mixed courts are ascribed an "education function," and they should communicate their experience. Data from surveys of German lay assessors are used to investigate this claim. The results are likely to apply to other countries which employ mixed courts. While many lay judges talk about their experience with their families—partly to ease their minds—they are more reluctant to tell colleagues and friends. For a start, many lay judges are no longer part of the work force because they are older in age, and therefore, have a limited number of contacts. Lay judges serving at …
Los Problemas De Agencia Entre Los Acreedores Y El Liquidador: Una Aproximación A Las Soluciones Desde La Jurisprudencia Administrativa, 2011 Selected Works
Los Problemas De Agencia Entre Los Acreedores Y El Liquidador: Una Aproximación A Las Soluciones Desde La Jurisprudencia Administrativa, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Extending The European Debt Discussion To Broader International Governance, 2011 Cornell Law School
Extending The European Debt Discussion To Broader International Governance, Odette Lienau
Cornell Law Faculty Publications
Although Europe is no stranger to sovereign debt troubles, the focus of international debt governance for several decades has been on the developing world. Discussions surrounding the efficacy and appropriateness of crisis mechanisms have been shaped by this political reality. But the current focus on Europe itself may generate changes in how public and private actors view international debt governance and the legitimacy of crisis mechanisms. In these remarks, I will focus on two ways in which Europe might serve as a test case for broader governance practices. First, I will discuss the ramifications of the European Union’s potential adoption …
La Ciudadanía Económica En El Perú: El Consumidor, 2011 Selected Works
La Ciudadanía Económica En El Perú: El Consumidor, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Eu Migration Control: Made By Gaddafi?, 2011 Selected Works
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
La Prohibición De Exigir El Pago Por Adelantado De Las Pensiones Educativas, 2011 SelectedWorks
La Prohibición De Exigir El Pago Por Adelantado De Las Pensiones Educativas, David García
David García
No abstract provided.
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, 2011 SelectedWorks
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
The European Union Readmission Policy After Lisbon, 2011 Selected Works
The European Union Readmission Policy After Lisbon, Mariagiulia Giuffré
Mariagiulia Giuffré
This article conducts a brief historical excursus on the evolution of the EU’s readmission policy through the analysis of readmission agreements, meant as its main legal instruments. The Lisbon Treaty is herein portrayed as an historical watershed in the recognition of both an express competence of the Union with regard to measures aimed to address the readmission of irregular migrants, and a new role of the Parliament entrusted with the fundamental power to be consulted before a readmission agreement is definitively concluded by the Council. Finally, while a scrutiny of the close relationship between national and supranational readmission strategies reveals …
Barriers To Market Discipline: A Comparative Study Of Mortgage Market Regulation, 2011 St. John's University School of Law
Barriers To Market Discipline: A Comparative Study Of Mortgage Market Regulation, Vincent Di Lorenzo
Vincent Di Lorenzo
This paper explores mortgage market reforms in the U.S. and U.K. in response to the recent mortgage market crisis. Two issues are examined. First, the paper explores the extent to which regulatory bodies have recognized behavioral barriers to market discipline on the part of not only consumers but also industry actors. Second the paper examines the varied response in the U.S. and U.K. to both market limitations and behavioral limitations to self-protection and self-discipline that led to unsafe lending practices in the period 2003 through 2007. The greater emphasis on rules-based regulation in the U.S. after 2008 is compared with …
Energy Revolution And Disaster Response In The Face Of Climate Change, 2011 SelectedWorks
Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Nuclear meltdown in Japan and civil society strife across the Middle East highlight the degree to which resilience is core to international peace and security. This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures.
How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011), 2011 The John Marshall Law School, Chicago
How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), 2011 John Marshall Law School
Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), Debra Pogrund Stark, Jessica M. Choplin
UIC Law Open Access Faculty Scholarship
No abstract provided.
States And Networks In The Formation Of International Law, 2011 Stanford Law School
States And Networks In The Formation Of International Law, Moria Paz
American University International Law Review
No abstract provided.
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, 2011 American University Washington College of Law
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean
American University International Law Review
No abstract provided.
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, 2011 Saint Louis University School of Law
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
All Faculty Scholarship
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 …
How Much Is Too Much? Copyright Protection Of Short Portions Of Text In The United States And European Union After Infopaq International A/S V. Danske Dagblades, 2011 University of Washington School of Law
How Much Is Too Much? Copyright Protection Of Short Portions Of Text In The United States And European Union After Infopaq International A/S V. Danske Dagblades, Connor Moran
Washington Journal of Law, Technology & Arts
The recent case Infopaq International A/S v. Danske Dagblades Forening decided by the Court of Justice for the European Union could influence businesses that summarize or aggregate content. Under this ruling, excerpts of copy-righted material unproblematic in the United States could invite liability if reproduced in European Union member states. In the United States, copying words or phrases only infringes a copyright where those words or phrases are particularly unique or core to the original work. By contrast, the European Union Information Society Directive provides an exclusive right to even partial reproductions. In the Infopaq case, the European Court of …
Space Tourism, Private Spaceflight And The Law: Key Aspects, 2011 University of Nebraska - Lincoln
Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …
Sun, Sea, Sand ... And Space: Launching Tourists Into Outer Space From The Dutch Caribbean, 2011 University of Nebraska - Lincoln
Sun, Sea, Sand ... And Space: Launching Tourists Into Outer Space From The Dutch Caribbean, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
With the first space tourist flights coming ever closer to reality, the interests in becoming part of this challenging new chapter of human spaceflight are also spreading across the globe. One of the legally most interesting projects concerns the plans of Space Experience Curac;ao, a Dutch company, to develop a spaceport on the island of Curaçao in the Dutch Antilles, so far famous largely for its holiday resorts. The aim is to allow as of 2014 commercial spaceflights to be undertaken from the island as well as to start offering such flights itself from the island. The Dutch Antilles are …
The Legal Framework For Space Projects In Europe: Aspects Of Applicable Law And Dispute Resolution, 2011 University of Nebraska - Lincoln
The Legal Framework For Space Projects In Europe: Aspects Of Applicable Law And Dispute Resolution, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
Space projects in Europe take place in a complicated environment involving many public, private and intergovernmental actors, where the participation of the private sector, as independent space operators or as sub-contractors to others, is usually subsumed under the label of 'the space industry,' producing hardware, software and services to be used in outer space, in support of space activities, or using products, data or information generated with the help of space activities.
Such private, semi-private and quasi-private actors use contracts as the main mechanism to protect their interests, the freedom to contract within the rule oflaw being the paramount overarching …