European Law Commons^™

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.

Trading Debts Across Borders: A European Solution (Snyder Lecture), Richard Fentiman

Indiana Journal of Global Legal Studies

On April 7, 2009, Richard Fentiman delivered the tenth annual Snyder Lecture at the Indiana University Maurer School of Law.

Introduction: Transatlantic Perspectives On Law, Security And Power: A German/American Dialogue On Nato’S 60th Anniversary

Indiana Journal of Global Legal Studies

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Nato At Sixty: American Between Law And War, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …

Germany's Basic Law And The Use Of Force, Russell A. Miller

Indiana Journal of Global Legal Studies

The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force.

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Two Concluding Remarks, European Union Countries, North Atlantic Treaty Organization, National Security, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Zoller offers several closing thoughts, focusing on the rationales for maintaining NATO in the twenty-first century and the theme of peace through law. She concludes that NATO is vital for European security, and that NATO is here to stay for both legal and factual reasons.

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

The Non-Frustration Rule Of The Uk City Code On Takeover And Mergers And Related Agency Problems: What Are The Implications For The Ec Takeover Directive?, Han-Wei Liu

Research Collection Yong Pung How School Of Law

The Takeover Directive, first envisioned in the White Paper on completing the Internal Market, was finally adopted in 2004, after almost 20 years of work. The Takeover Directive is based upon the assumption that the takeover offers numerous benefits to companies, investors, and, ultimately, the European economy as a whole. The functions of a takeover include disciplining management, stimulating competition, and disseminating good management practice, thus improving the quality of management as well as corporate performance. While one of the major purposes of the Takeover Directive is to mitigate the agency problem in the takeover context, some mechanisms, such as …

Corporate Governance Reform In A Time Of Crisis, Christopher M. Bruner

Scholarly Works

In this article I argue that crisis-driven corporate governance reform efforts in the United States and the United Kingdom that aim to empower shareholders are misguided, and offer an explanation of why policymakers in each country have reacted to the financial crisis as they have. I first discuss the risk incentives of shareholders and managers in financial firms, and examine how excessive leverage and risk-taking in pursuit of short-term returns for shareholders led to the crisis. I then describe the far greater power and centrality that U.K. shareholders have historically possessed relative to their U.S. counterparts, and explore historical and …

Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna

University of Miami International and Comparative Law Review

No abstract provided.

Governing And Financing Blended Enterprise, Dana Brakman Reiser

Chicago-Kent Law Review

The image of nonprofit and for-profit as dual and exclusive categories is misleadingly simple. This blurring of the boundary between for-profit and nonprofit has gone on for years and appears only to be gaining steam. Yet, traditionally, the law has put to organizations a choice of either the nonprofit or for-profit form of organization. In the first decade of this century, organizational law is beginning to catch up with the boundary-blurring trend. In the United States and abroad, legislatures are creating new forms for blended enterprise, including several U.S. states' low-profit limited liability company (the "L3C") and the community interest …

The Decision From The Court Of First Instance That Destroyed The European Union Emissions Trading Scheme, Trevor E. Carson

Global Business & Development Law Journal

No abstract provided.

American Exceptionalism, The French Exception, Intellectual Property Law, And Peer-To-Peer File Sharing On The Internet, 10 J. Marshall Rev. Intell. Prop. L. 95 (2010), Lyombe Eko

UIC Review of Intellectual Property Law

A fundamental problem confronting policy makers is how to apply intellectual property rules and regulations developed for tangible intellectual property assets in real space to intangible,dematerialized intellectual property in cyberspace. The United States and France are self-described exceptionalist countries. American exceptionalism refers to the historical tendency of the United States to emphasize its unique status as the beacon of liberty, while l’exception française (the French exception) refers to the French ideological posture that emphasizes the specificity and superiority of French culture. American exceptionalism and l’exception française are functionally equivalent theoretical constructs that describe and explain how the United States and …

Four Challenges To Financial Regulatory Reform, Eric J. Pan

Villanova Law Review (1956 - )

The article discusses the challenges that should be addressed in a successful financial regulatory reform. These challenges include the structuring of regulatory systems, separation of prudential supervision and consumer protection regulation, the entity responsible for monitoring and managing systemic risk, and the supervision of cross-border financial services and transactions. The reform proposals considered by Great Britain, the U.S., and European Union are analyzed.

On Visibly Dangerous Silliness, Anthony Chase

Human Rights & Human Welfare

“Silly” is what Ramadan calls the Swiss minaret referendum. He urges, in response to its passage, that Swiss Muslims be more rather than less visible. Each point is worth reflection. How and why does silliness transform itself into danger? And how and why is visibility the correct response to such danger—even if it leads in directions Ramadan may not suspect?

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney

UIC Law Open Access Faculty Scholarship

The next wave of concern regarding Google involves web analytics. Web analytics is the measurement, collection, analysis, and reporting of Internet data for the purposes of understanding and optimizing web usage. The concerns of web analytics use touches on issues of online user privacy, government use of personal information, and information on website user activity. While Google Analytics is not the sole web analytics product on the market, it is widely used by corporate, non-profit, and government organizations. The product has been reported to have a 59% market share among web analytics vendors in a 2008 study.

Web analytics technology …

Pluralism In Marbury And Van Gend, Daniel Halberstam

Book Chapters

‘Great cases, like hard cases, make bad law’, Oliver Wendell Holmes, Jr, famously remarked in his first Supreme Court dissent. For Holmes, ‘great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment’. On this account neither Marbury v Madison70 nor Van Gend en Loos would qualify. Van Gend was a case of great principle without greatly interesting facts. And Marbury was a great political battle that nevertheless produced a case of great principle.