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Lingua Inglese Giuridica AA 2015/6 Canale M-Z

IMPORTANT COURT DECISIONS IN EUROPE AND THE USA

EUROPEAN BUSINESS LAW REVIEW – Abstracts*

Title / Subject / Authors
25 Thoughts on European company law in the EU of 25. / Law / Radwan, Arkadiusz
A comparative analysis of the liability of non-executive directors in the UK and of members of the supervisory board in Germany. / Law / Lederer, Philipp
Adapting the European community legal structure to the international trade. / Law / Chaisse, Julien
Advertising restrictions and the free movement of goods - the case law of the ECJ.(European Union. Court of Justice of the European Communities) / Law / Kraft, David
A modified open method of coordination in corporate governance. / Law / Mavrommati, Sandy, Papathanassiou, Chryssa
An exercise in effectiveness?(Law overview) / Law / Herlin-Karnell, Ester
Arbitrability of antitrust claims in the United States of America. / Law / Greene, Peter E., Julian, Peter S., Bedard, Julie
Arbitration and the modernisation of EC competition law. / Law / De Groot, Diederik
Arbitration in EC merger control: old wine in a new bottle. / Law / Di Brozolo, Luca G Radicati
Are all sports special? Legal issues in the regulation of Formula One motor racing.(Law overview) / Law / Cygan, Adam
A single European Union mortgage credit market: manifestly an illusion or a reality just around the corner?(Law overview) / Law / Omole, Adetunji
Authority or reason? The economic consequences of liability for breach of statutory duty in a comparative perspective.(Law overview) / Law / Markesinis, Sir Basil, Fedtke, Jorg
A victim's culture.(economic and social condistions in Europe) / Law / Hausfeld, Michael D., Hertzfeld, Andrea L.
Awarding damages for breach of competition law in English courts-Crehan in the court appeal. / Law / Nazzini, Renato, Andenas, Mads
Broadening access to financial services- Competing imperatives.(Law overview) / Law / Itzikowitz, Angela
China's banking reform in the context of globalization and transition. / Law / Jing Leng
Claims against professionals: negligence, dishonesty and fraud. / Law / Clarke, Anthony
Clarifying and settling access to clearing and settlement in the EU. / Law / Henry, David
Compensation for adverse possession: From acquisition of title by extinction of the title of another to transfer of property against reasonable compensation. / Law / Werlauff, Erik
Competition issues in commercial agreements. / Law / Gaffney, John, O'Connell, Fiona, Gibson, Emily
Consumer contracts and jurisdiction, recognition and enforcement of judgments in civil and commercial matters.(Law overview) / Law / Gambaro, Edoardo, Landi, Niccolo
Consumer protection on the market for consumer credit in Poland-Do near-banks enter the "second market"-similar to the British model? / Law / Szpringer, Wlodzimierz
Copyright and freedom of expression: An ambiguous relationship. / Law / Zeno-Zencovich, Vincenzo
Corporate (mis)governance? . / Law / Staikouras, Panagiotis K.
Creation of database or creation of data: Crucial choices in the matter of database protection. / Law / Masson, Antoine
Critical analysis of the prospectus directive. / Law / Pellegrini, Mirella
Disharmonization: a Swedish critique of principles of European tort law.(Law overview) / Law / Schultz, Marten
Dissenting opinion on a dangerous project.(Viewpoint essay) / Law / Mourre, Alexis
Encouraging enterprise and rebalancing risk: implications of economic policy for regulation, enforcement and compensation.(Law overview) / Law / Hodges, Christopher
Establishment of the SE company: an overview over the provisions governing the formation of the European Company.(Societas Europaea) / Law / Dickens, Christine Hodt
European private company and the regulatory landscape in the EU - an introductory note. / Law / Radwan, Arkadiusz
Financial holding company: Organizational choice for China's financial sector reform. / Law / Jiawei Li
Financial institutions playing different roles: The Parmalat case. / Law / Carozzi, Angela Maria
Financial markets and human capital - New evaluation norms and auditing practices needed. / Law / Urban, Sabine
Financial services, products, risks and regulation in Europe after the EU 1998 Action Plan and Basle II.(Law overview) / Law / Dalhuisen, Jan H.
How to apply the issue of good governance to central bank: Theoretical clarifications on the modalities of the exercise of monetary power. / Law / Chirico, Alessandra
Independence and accountability of the People's Bank of China: A legal perspective.(Law overview) / Law / Zhongfei Zhou, Jingwei Li
Initial public offerings and interest income in Hong Kong. / Law / Low, Chee Keong
Instruments issued by Italian public companies. / Law / Woolridge, Frank
Is Europe aiming to civilize the common law?(Law overview) / Law / Mance, Lord Jonathan
Judgment of the Swiss Supreme Court of 8 March 2006 - a commentary. / Law / Landolt, Phillip
"Law and culture in the future of Asia". / Law / Mitchell, Arthur M.
Law, culture and economic development: The provision of banking and financial services in the FTAA area; rationalizing the divergent 'cultures of negotiation'.(Free Trade Area of the Americas) / Law / Norton, Joseph J., Baquero-Herrera, Maurico
Management and control of Italian public companies. / Law / Wooldridge, Frank
Managing intellectual property rights: Government tactics to curtail counterfeit trade. / Law / Chaudhry, Peggy E.
Marks & Spencer: Community law extends a helping hand. / Law / Ronfeldt, Thomas
Merger, moving and division across national borders - When case law breaks through barriers and overtakes directives.(Law overview) / Law / Hansen, Lone L.
Methodology of uniform contract law-the UNIDROIT principles as a source of law. / Law / Heidemann, Maren
Modernizing English property law: The influence of internal market principles. / Law / Bogusz, Barbara
No flying start but a bright future of EU directive 2003/41/EC on occupational pension institutions.(European Union)(Law overview) / Law / Dejmek, Paulina
Notes on transparency in banking and financial services and transactions.(Law overview) / Law / Alpa, Guido
Overviewing the EU Unfair Commercial Practices Directive: concentric circles. / Law / Shears, Peter
Payments and financial security - An overview. / Law / Gorton, Lars
Pharmaceutical products: the relationship between regulatory approval and the existence of a defect.(Law overview) / Law / Mildred, Mark
Property rights, collateral, creditor rights and financial development.(Law overview) / Law / Arner, Douglas W., Booth, Charles D., Hsu, Berry F.C., Lejot, Paul
Property rights in securities and the doctrine of specificity under Swedish law. / Law / Johansson, Erica
Public and private transnational enforcement of EU consumer law. / Law / Betlem, Gerrit
Public procurement system of Turkey towards full membership of the European Union.(Law overview) / Law / Alyanak, Servet
Regulatory competition and the European harmonization process. / Law / Birkmose, Hanne Sondergaard
Re-regulation of infrastructure investment: issues for the international lawyer. / Law / Chan, Phil C. W.
Restricting state liability in tort on grounds of policy: a comparative study of English and French Law.(Law overview) / Law / Khan, Changez
Shareholder rights in France and the U.K. in a European perspective.(Law overview) / Law / Leroy, Virginie
Strict liability in Italian law.(Law overview) / Law / Alpa, Guido
Survey of state aid in the lending sector: a comprehensive review of main State aid cases.(Law overview) / Law / Rossi, Pierpaolo, Sansonetti, Valentina
Syndicated loans: Some thoughts on the reception of Anglo-American contract practice into Swedish law. / Law / Gorton, Lars
The administration of justice and the role of lawyers. / Law / Alpa, Guido
The concept of title transfer in a civil law system. / Law / Posiunas, Gintautas
The development of collective legal actions in Europe, especially in German civil procedure.(Law overview) / Law / Micklitz, Hans-W., Stadler, Astrid
The differing approach to commercial litigation in the European Court of Justice and the courts of England and Wales. / Law / Clarke, Anthony
The duty to examine goods under the uniform international sales law - an analysis of article 38 CISG. / Law / Andersen, Camilla Baasch
The European Company (SE) as a vehicle for corporate mobility within the EU: a breakthrough in European corporate law? / Law / Bouloukos, Marios
The European Court of Justice and Anastasiou saga: principles of Europeanization through economic governance. / Law / Shaelou, Stephanie Laulhe
The firm and the fulfillment of a new humanism: Critical reflections. / Law / Urban, Sabine
The freedom of establishment and the market access of hospital operators. / Law / Stoger, Karl
The future of the Euro-What happens if a member state leaves? / Law / Proctor, Charles
The German private company limited partnership. / Law / Wooldridge, Frank
The hypothesis of the European legal person.(Law overview) / Law / Peter, Nagy
The Italian interpretation of the code civil and French proposals for recodification. / Law / Alpa, Guido
The management of Belgian Public Limited liability companies. / Law / Woolridge, Frank
The new cross-border merger directive: harmonisation of European company law and free movement. / Law / Ugliano, Arianna
The new EC merger regulation-The more things change the more they stay the same? / Law / Hinds, Anna-Louise
The new version company law of PRC: introduction, comparison, analysis and criticism.(People's Republic of China)(Law overview) / Law / Chen Luyang, Li Zhongshu
The participation of employees' representatives in the governance structure of the Societas Europeae. / Law / Leca, Claire
The regulation of consumer credit information systems: A lesson from Italy?(Law overview) / Law / Ferretti, Federico
The right of access to public bodies' records in Italy and UK: "Actio Ad Exhibendum" and freedom of information, risks and opportunities for private sector companies. / Law / Mezzacapo, Simone
The role of the IMF and World Bank in financial sector reform and compliance: an outline.(International Monetary Fund)(Law overview) / Law / Singh, Dalvinder
USA v China in the revaluation of the Renminbi: Exchange rate pegs and international law.(Law overview) / Law / Proctor, Charles
When the wrongdoer profits from its wrongdoing. / Law / Werlauff, Erik
Works councils, acquisitions and corporate governance in the Netherlands - creating an organization within an organization. / Law / Kirkbride, James, Letza, Steve, Vehof, Xander

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Read more: http://www.faqs.org/abstracts/publication/european-business-law-review/#ixzz3SZLlnpFh

* Source: http://www.faqs.org/abstracts/publication/european-business-law-review/#ixzz2Lwmbk9uw

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Top 10 Controversial Supreme Court Cases*

o Brown v. Board of Education

o Roe v. Wade

o Miranda v. Arizona

o Marbury v. Madison

o District of Columbia v. Heller

o Citizens United v. Federal Election Commission

o Plessy v. Ferguson

o Bush v. Gore

o Lawrence v. Texas

o Dred Scott v. Sanford

* Source: http://content.time.com/time/specials/packages/completelist/0,29569,2036448,00.html

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Twenty-Five Landmark Cases in US Supreme Court History*

Marbury v. Madison, 1803
“A law repugnant to the Constitution is void.”

With these words, Chief Justice John Marshall established the Supreme Court’s role in the new government. Hereafter, the Court was recognized as having the power to review all acts of Congress where constitutionality was at issue, and judge whether they abide by the Constitution.

McCulloch v. Maryland, 1819
“Let the end be legitimate … and all means which are … consistent with the letter and spirit of the Constitution, are constitutional .”

Chief Justice Marshall invoked this phrase to establish the right of Congress to pass laws that are “necessary and proper” to conduct the business of the U.S. government. Here, the court upheld Congress’ power to create a national bank.

Gibbons v. Ogden, 1824
When a federal and state law are in conflict, the federal law is supreme.

Congress and New York had both passed laws regulating the steamboat industry. Gibbons had a federal permit for a steamboat business; Ogden had a state permit for the same waters. Siding with Gibbons, the Court said that, in matters of interstate commerce, the “Supremacy Clause” tilts the balance of power in favor of federal legislation.

Charles River Bridge, 1837
The responsibility of government is to “sacredly guard” the rights of property for the prosperity of the community.

The Charles River Bridge was erected in 1785 by Harvard College and some prominent Bostonians under a legal charter granted by the state of Massachusetts. The legislature granted a charter to the Warren Bridge Company in 1828 because a new bridge was badly needed. It was to be free of tolls once construction costs were covered. The proprietors of the Charles River Bridge were afraid that the new bridge would destroy the value of their stock and tried to block the construction of the Warren Bridge. The case involved a conflict between established rights on one side and the rights of the community on the other. The Court ruled that it had not entered into a binding contract with the Charles River Bridge Company that would prohibit the building of a competitive bridge. Justice Roger B. Taney stated that the rights of property must be “sacredly guarded”, the community also has rights, and the responsibility of all government is to promote the happiness and prosperity of the community.

Dred Scott v. Sandford, 1857
“The Constitution does not consider slaves to be U.S. citizens. Rather, they are constitutionally protected property of their masters.”

Chief Justice Roger Taney authored this opinion— one of the most important and scorned in the nation’s history. Dred Scott, a slave, had moved with his master to Illinois, a free state. He moved again to a slave state, Missouri, and filed suit to gain freedom, under that state’s law of “Once free, always free.” Taney held that Scott had never been free at all, and cited Constitutional grounds for placing the slavery decision in the hands of the states. In trying to put an end to the slavery controversy, Taney instead sped the nation toward civil war. The decision was later overturned by the Thirteenth Amendment.

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Lingua Inglese Giuridica AA 2015/6 Canale M-Z