European Law Commons^™

Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann

Faculty Scholarship

European Union ("EU" or "Union") law and the law of international arbitration have traditionally occupied largely separate worlds, as if arbitral tribunals would rarely be the fora for the resolution of EU law claims and as if EU law, in turn, had little concern with arbitration. For several reasons, this pattern has recently been altered, although the relationship between EU law and international arbitration law is at present anything but settled. From the present perspective, the past looks like an age of innocence, for as these two worlds have begun to intersect, they have not done so entirely harmoniously.

Part …

"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg

Faculty Scholarship

The "Wittem Group" of copyright scholars has proposed a "European Copyright Code," to "serve as an important reference tool for future legislatures at the European and national levels." Because, notwithstanding twenty years of Directives and a growing ECJ caselaw, copyright law in EU Member States continues to lack uniformity, the Wittem Group’s endeavor should be welcomed, at least as a starting point for reflection on the desirable design of an EU copyright regime. Whether or not the proposed Code succeeds in influencing national or Community legislation, it does offer an occasion to consider the nature of the rights that copyright …

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 …

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 …

Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels

Faculty Scholarship

Downloadable Document is in German

Summary

1. The private lawyer’s role is inseparably connected with the paradigms and doctrines of private law. This is so because the role played by private lawyers constitutes a large part of their understanding of the discipline. At the same time, the shared understanding of the discipline has necessary consequences for the roles played by lawyers in it.

2. Roles and role perceptions in private law are contingent upon space and time. The most important factor affecting private lawyers today is the growing detachment of private law from the state, through globalization, Europeanization, and privatization …

E.U. Law In U.S. Legal Academia, Daniela Caruso

Faculty Scholarship

The history of EU law in the JD curriculum is a classical tale of rise and fail. An avant garde, boutique offering in the 1970s, and a fairly popular course in the 1990s, today EU law in US law schools is slowly losing prominence. This Article begins by tracking this parabolic trajectory and argues that the discipline both rose and fell for contingent reasons that are mostly unrelated to its pedagogical and analytical significance. The Article then provides a critical appraisal of what EU law is uniquely poised to offer both in the classroom and as a subject for legal …

Combating Discrimination Against The Roma In Europe: Why Current Strategies Aren’T Working And What Can Be Done, Erica Rosenfield

Human Rights & Human Welfare

In the summer of 2010, the forced expulsion of many Roma from Western to Eastern Europe captured headlines and world attention, yet this practice simply represented the latest manifestation of anti-Roma sentiment in Europe. Indeed, the Roma—numbering over ten million across Europe, making them the continent’s largest minority—face discrimination in housing, education, healthcare, employment, and law enforcement; widespread prejudice against this group shows no evidence of receding. There is, however, certainly no shortage of national and supranational policies aiming to promote inclusion and equality for the Roma.

The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech

Chicago-Kent Law Review

The purpose of this article is to scrutinize legal barriers to state aid instruments in transforming fuel-based electricity into renewable energy, the subsidy prerequisites by which the national state may champion fuel free power production. Subsidy is illustrated by the 2004 Official Norwegian Report's (NOU) disapproval of the Norwegian Reversion Institute (NRI), as a result of a waiver clause to the benefit of municipal power plants. A licensing period of sixty years is final. Relicensing is not possible; only private leasing may occur.

As outlined, my basic criticism is that the NOU confuses interstate distortion of competition as it is …

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

This EU Food Law Update will focus on the recent developments in the areas of genetically modified organisms, novel foods, feed safety, transmissible spongiform encephalopathy, salmonella and food borne diseases, food additives, organic farming, food contact materials, and labeling.

Alternative Investment Market: Assessment And Proposals For Its Deepening From The Perspective Of Small And Medium Enterprises, Andrea Patricia Alba Molina, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

Resolution 400 of 1995 – whose provisions are now included in decree 2555 of 2010 – regulated the Second Market through the establishment of certain requirements aimed at facilitating the access and permanence of SMEs as issuers in the Colombian securities market. Notwithstanding the above, in the latest list of offerings authorized by the Superintendence of Finance addressed to the Second Market, it was found that there are no issuers that fall within the legal concept of SME. Considering such circumstance, the purpose of this study is to assess the current status of the Second Market, both in Colombia and …

Gaming In Britain And America: Some Historical Comparisons, Nicholas Tosney Ph.D.

Occasional Papers

This paper compares the development of gambling in Britain during the late 17th and 18th centuries with the emergence of gambling in Nevada during the late 19th and early 20th centuries. Drawing on the existence of similar themes and ideas in different contexts, the author demonstrates several benefits of comparative studies of gambling. Focusing principally on gambling games played with cards and dice, this paper begins by examining approaches to taxing gaming before moving on to consider regulatory strategies.

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar

Early Modern Workshop: Resources in Jewish History

Disputes between married couples in 18th century were sometimes brought before the Jewish court ( the Beit-Din). Analysis of protocols of session which dealt with such disputes reveals facts about tensions caused by contemporary family structure and marriage customs as well as about the means which the court applied to enforce policy. The texts presented here are excerpts from one of the protocol books of the Jewish court of Altona. Altona, at the time subject to the Danish King, shared institutions with the neighboring Jewish communities in Hamburg and Wandsbeck, a union which produced several kinds of documents covering a …

Doing Well By Doing Good, Alison Brysk

Human Rights & Human Welfare

As Tom Porteous contends in The Guardian, "a humane nation is a safer nation"—and ultimately, a more prosperous, healthy, happy, and green one too. My recent book, Global Good Samaritans, explores how half a dozen disparate nations came to adopt relatively humanitarian foreign policies, and how this has benefited global governance and their own development. Let us explore the lessons of history that inspired the real (albeit uneven) contributions of countries like Sweden, Canada, and Costa Rica—and why this should inspire more states like the UK to become active human rights promoters.

Uk Foreign Policy And Human Rights, Par Engstrom

Human Rights & Human Welfare

William Hague’s assertion that human rights should constitute the “irreducible core” of foreign policy under the new UK coalition government may seem a radical departure for the new Foreign Secretary. Hague is, after all, a leading figure in the British Conservative Party, which in its recent election manifesto called for the repeal of the UK’s Human Rights Act that incorporates the European Convention on Human Rights into UK law. Given this profound ambivalence over the substantive value of human rights at home, the new UK government is not likely to adopt more assertive human rights policies abroad. Human rights advocates …

Regenerating Leadership Or Rhetoric?, Marc Alexander C. Gionet

Human Rights & Human Welfare

The new coalition government in the UK is expediting efforts to mark a differentiation from its predecessor. In regards to foreign policy, the Secretary of State for Foreign & Commonwealth Affairs, William Hague, has identified human rights as the “irreducible core” in his initial speech of a four-part series intended to outline the new government’s priorities and approach.

Human Rights At The “Core” Of Uk Foreign Policy Requires Respect For Core Human Rights, Erin Mooney

Human Rights & Human Welfare

The true measure of whether human rights indeed are the "irreducible core" of the UK’s new foreign policy will be the extent to which the coalition government respects and protects “core” human rights.

August Roundtable: Human Rights And Foreign Policy Introduction

Human Rights & Human Welfare

An annotation of:

“A humane nation is a safer nation” by Tom Porteous. The Guardian. July 7, 2010.