Browsing EJLS - European Journal of Legal Studies Articles by Issue Date

Now showing items 41-60 of 207

Title:European Union towards the banking union, single supervisory mechanism and challenges on the road ahead Author(s):NIKNEJAD, MandanaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 92-124Type:ArticleAbstract:The financial crisis in the Eurozone has posed a serious challenge to the viability of the existing legal structure, which serves as the grounds for the European Union’s (EU) Member States’ economic cooperation. The EU’s ...
Title:Challenging legal culture Author(s):COMPARATO, GuidoDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 5-18Type:ArticleAbstract:With a view to stimulating discussion regarding one of the most widespread methodological approaches in current legal studies and, in particular, in comparative private law, this paper challenges the notion of legal culture. ...
Title:A law and economics perspective on legal families Author(s):GAROUPA, Nuno; PARGENDLER, MarianaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 36-60Type:ArticleAbstract:The relationship between comparative law and the field of economics is increasingly important, but controversial. In the legal origins literature, economists have drawn from comparative law scholarship to suggest that ...
Title:Foreign precedents in judicial argument : a theoretical account Author(s):BERTEA, Stefano; SARRA, ClaudioDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 140-179Type:ArticleAbstract:Recourse to precedents in legal adjudication is a source of intriguing theoretical challenges and serious practical difficulties. That is especially so when we have to do not with domestic precedents but with foreign ones, ...
Title:Book review : Laura J Murray, S Tina Piper and Kirsty Robertson putting intellectual property in its place : rights discourses, creative labor, and the everyday Author(s):LINKLATER, EmmaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 192-195Type:ArticleAbstract:This short but confident book considers intellectual property ‘law’ in the most distanced sense. In essence, the book seeks to contextualize IP, the different roles it has to play and the contours it can take. Recognizing ...
Title:‘This is not life as it is lived here’ : the European Court of Justice and the myth of judicial activism in the foundational period of integration through law Author(s):GRIMMEL, AndreasDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 61-83Type:ArticleAbstract:What characterises the EU today is that it is not only a multi-level governance system, but also a multi-context system. The making of Europe does not just take place on different levels within the European political ...
Title:Transparency in the staff selection procedure of the EU institutions : comments on the Pachtitis case Author(s):RODRIGUEZ-MEDAL, JaimeDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 154-191Type:ArticleAbstract:As one of the key principles governing the activities of the civil service of the European Union, transparency has become more and more important in the decision-making process, activities of the institutions, budget and ...
Title:Editorial : on age and legal genius Author(s):ZGLINSKI, JanDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 1-4Type:ArticleAbstract:Science’s most famous cat was an oddity. Not only did she have the formidable capacity to be both dead and alive when put in a box with radioactive material, her master Erwin Schrödinger was, even at the tender age of 38, ...
Title:Intelligence agents, autonomous slaves and the U.S. Supreme Court’s wrong (and right) concept of personal autonomy Author(s):BITTON, RaphaelDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 5-44Type:ArticleAbstract:This paper traces the boundaries of consent in the relations of recruited intelligence agents and their handlers. The U.S. Supreme Court considered these relations to be contractual. However, such a contract, according to ...
Title:Equal opportunities and legal education : a mainstream perspective Author(s):CATELANI, Elisabetta; STRADELLA, ElettraDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 180-213Type:ArticleAbstract:This article aims at discussing the role of legal education in spreading awareness about gender issues amongst legal operators, judges and public administrations and institutions. In particular, the authors investigate the ...
Title:‘It is not its task to act as a Court of fourth instance’ : the case of the ECtHR Author(s):DAHLBERG, MaijaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 84-118Type:ArticleAbstract:This article discusses the so-called fourth instance doctrine under Article 6 of the European Convention on Human Rights, focusing in particular on its role in fair trial cases. It attempts to determine when the European ...
Title:Editorial : on failure Author(s):ZGLINSKI, JanDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 1-3Type:ArticleAbstract:It is probably as much a trait of the academic profession as a mirror of the times we live in that the contributions featured in this issue circle around one theme: failure. Failure has many faces. It can be personal as ...
Title:Obstacles in European competition law enforcement : a potential solution from collective redress Author(s):ZYGIMANTAS, JuskaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 125-153Type:ArticleAbstract:The primary focus of this article is to review the main obstacles in competition law enforcement in the European Union and to investigate how the development of collective redress could effectively facilitate enforcement ...
Title:Rent seeking with asymmetric players : an application to litigation expenditures Author(s):SALKIN, SvetoslavDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 2, pp. 157-173Type:ArticleAbstract:This paper uses insights from the literature on rent-seeking contests toanalyze the expenditure decisions of a Defendant and a Plaintiff in the course of their legal battle. It is shown that the total amount of litigation ...
Title:The controversies about legal indeterminacy and the thesis of the ‘norm as a framework’ in Kelsen Author(s):DEL REAL ALCALÁ, Juan AlbertoDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 2, pp. 174-188Type:ArticleAbstract:One of the most persistent controversies in law is related to its completeness or incompleteness. In the context of the debate between inconclusive law or the completeness of the law, the main argument of the paper is that ...
Title:In defence of defence rights : the need for common rules of criminal procedure in the European Union Author(s):LONGRIDGE, CorriDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 2, pp. 136-156Type:ArticleAbstract:The phenomenon of globalization and the expansion of EU mobility rights have been a catalyst for cross-border crime and a driving force for Member State cooperation in the field of criminal law. This paper argues broadly ...
Title:Fragmentation and constitutionalisation of international law : a theoretical inquiry Author(s):DEPLANO, RossanaDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 1, pp. 67-89Type:ArticleAbstract:A growing body of interdisciplinary scholarship addresses the issue of global constitutionalism. Scholarly contributions analyse the allocation of power within rule-systems of international law, how it affects subsequent ...
Title:On the conceptual origins of the law of unjustified enrichment in the draft common frame of reference Author(s):WRIGHT NELSON, JackDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 2, pp. 119-135Type:ArticleAbstract:Book VII of the Draft Common Frame of Reference presents a codification of the law of unjustified enrichment, derived from European jurisdictions and legal traditions. Yet European private law lacks a ‘common core’ concerning ...
Title:Alun Howard Gibbs, Constitutional Life and Europe’s Area of Freedom, Security and Justice (Ashgate, 2011) Author(s):COUTTS, StephenDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 1, pp. 150-155Type:ArticleAbstract:Publication Review on: Title: Constitutional Life and Europe’s Area of Freedom, Security and Justice Author: Alun Howard Gibbs Publisher: Ashgate Year: 2011 ISBN: 978-1409402695
Title:Heterarchical constitutional structures in the European Legal Space Author(s):HUOMO-KETTUNEN, MeritaDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 1, pp. 47-65Type:ArticleAbstract:The article focuses on the constitutional linkages between national legal orders, the EU legal order, and the ECHR Convention system. The first, and the main, question the article addresses is how these intertwined ...