This book is a survey of the rules and regulations relating to state aid in the European Union and their role in the overall competition policy of the EU. It examines the implications and provisions of articles 92 and 93 and covers the substantive law as well as the procedural questions. The rules on state aid have been adopted in the EEA Agreement and the association agreements between the EU and the Countries of Central and Eastern Europe and have been incorporated in the WTO Agreement on subsidies and equalization measures, all despite severe criticism. This work aims to provide a useful introduction to practitioners and academics who may have limited experience in dealing with matters of state aid.

Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. In turn these characteristics have tended to encourage the belief that antitrust law is the exclusive preserve of lawyers, economists, and their respective sophisticated doctrines. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance to us all, beneficiaries or victims of market economies: How much private power are we ready to tolerate to preserve economic freedom from the intrusion of public power? How much public power are we ready to accept to prevent private power becoming a threat to the freedom of others?

In this book, Giuliano Amato draws on his experiences as a lawyer, politician, and law professor to examine the character of this dilemma and the ways it has been addressed by legislatures and courts in the U.S. and Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the U.S. will challenge conventional thinking and stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.

Issues spawned by the headlong pace of developments in science and technology fill the courts. How should we deal with frozen embryos and leaky implants, dangerous chemicals, DNA fingerprints, and genetically engineered animals? The realm of the law, to which beleaguered people look for answers, is sometimes at a loss-constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law's long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology. Science at the Bar is the first book to examine in detail how two powerful American institutions-both seekers after truth-interact with each other. Looking at cases involving product liability, medical malpractice, toxic torts, genetic engineering, and life and death, Jasanoff argues that the courts do not simply depend on scientific findings for guidance-they actually influence the production of science and technology at many different levels. Research is conducted and interpreted to answer legal questions. Experts are selected to be credible on the witness stand. Products are redesigned to reduce the risk of lawsuits. At the same time the courts emerge here as democratizing agents in disputes over the control and deployment of new technologies, advancing and sustaining a public dialogue about the limits of expertise. Jasanoff shows how positivistic views of science and the law often prevent courts from realizing their full potential as centers for a progressive critique of science and technology. With its lucid analysis of both scientific and legal modes of reasoning, and its recommendations for scholars and policymakers, this book will be an indispensable resource for anyone who hopes to understand the changing configurations of science, technology, and the law in our litigious society.

The options and powers, which exist at Community level, for taking action in the sphere of "culture" - defined as education, science and culture in its narrower sense - are analyzed in this work. The book also covers the question of the EC's cultural jurisdiction, while particular attention has been paid to the question of the EC's power in the field of broadcasting. In order to consider the changes brought about by the Maastricht Treaty, the author has added a section on the Treaty of European Union.

Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is, and how judges decide what it means. The Constitution, he observes, grants individual rights in extremely abstract terms. The First Amendment prohibits the passing of laws that "abridge the freedom of speech"; the Fifth Amendment insists on "due process of law"; and the Fourteenth Amendment demands "equal protection of the laws" for all persons. What does that abstract language mean when it is applied to the political controversies that divide Americans-about affirmative action and racial justice, abortion, euthanasia, capital punishment, censorship, pornography, and homosexuality, for example? Judges, and ultimately the justices of the Supreme Court, must decide for everyone, and that gives them great power. How should they decide? Dworkin defends a particular answer to that question, which he calls the "moral reading" of the Constitution. He argues that the Bill of Rights must be understood as setting out general moral principles about liberty and equality and dignity, and that private citizens, lawyers, and finally judges must interpret and apply those general principles by posing and trying to answer more concrete moral questions. Is freedom to choose abortion really a basic moral right and would curtailing that right be a deep injustice, for example? Why? In the detailed discussions of individual constitutional issues that form the bulk of the book, Dworkin shows that our judges do decide hard constitutional cases by posing and answering such concrete moral questions. Indeed he shows that that is the only way they can decide those cases. But most judges-and most politicians and most law professors-pretend otherwise. They say that judges must never treat constitutional issues as moral issues because that would be "undemocratic"-it would mean that judges were substituting their own moral convictions for those of Congressmen and state legislators who had been elected by the people. So they insist that judges can, and should, decide in some more mechanical way which involves no fresh moral judgment on their part. The result, Dworkin shows, has been great constitutional confusion. Is the premise at the core of this confusion really sound? Is the moral reading-the only reading of the American Constitution that makes sense-really undemocratic? In spirited and illuminating discussions both of the great constitutional cases of recent years, and of general constitutional principles, Dworkin argues, to the contrary, that the distinctly American version of government under principle, based on the moral reading of the Constitution, is in fact the best account of what democracy really is.

Who are the top ten greatest Supreme Court Justices of all time? Who are the worst ten? Which Supreme Court decision helped lead to the Civil War? What are the ten greatest and worst Supreme Court decisions? What are the ten best courtroom movies? Who was the last to use the Supreme Court spittoon? Who was the first Justice to wear trousers beneath his Supreme Court robes?
From John Marshall, the greatest Supreme Court Justice, to Alfred Moore, one of the worst, Bernard Schwartz's A Book of Legal Lists--the first ever compiled--provides the Ten Bests and Worsts in American law (and also includes answers to 150 trivia questions about the legal world). The lists include the greatest dissents and Supreme Court "might have beens;" greatest non-Supreme Court judges (Lemuel Shaw, number one on the Greatest list, played a prominent role in recasting common law into an American mold); greatest and worst non-Supreme Court decisions; greatest law books; lawyers (including Alexander Hamilton, Clarence Darrow "Attorney for the Damned," and Abraham Lincoln); trials; and greatest legal motion pictures. Each list entry has a short essay by Schwartz explaining why it is a best or a worst, and it is in these essays that we gain a wealth of information about the legal world. We learn, for instance, that Sherman Minton, number ten on the Worst Supreme Court Justices list, was such a nonentity that he may be best remembered as the last to use the spittoon provided for each Justice behind the bench. Before he became Chief Justice, William H. Rehnquist was known for playing Trivial Pursuit on the bench, Oliver Wendell Holmes wrote 873 opinions for the Court (the most in its history), and Roger Brooke Taney, number ten on the Greatest Supreme Court Justices list, was the first Chief Justice to wear trousers beneath his robes (his predecessors had always given judgment in knee breeches).
Stretching back to the early 1700s, the law and the judges who interpret it have maintained a steady presence in our lives--sometimes for better, sometimes for worse. From disappointments like Plessy v. Ferguson (number two on the Ten Worst Supreme Court Decisions list), which gave the lie to the American ideal "that all men are created equal," to lesser known but no less important decisions such as the 1933 United States v. One Book Called "Ulysses," (number nine on the Ten Greatest Non-Supreme Court Decisions) the landmark First Amendment case that eased the law governing censorship, Bernard Schwartz provides legal experts and non-experts alike with entertaining information in a format that can be found nowhere else.

Throughout history, works of literature have helped to shape public discussion of social, legal, and political issues. In this book, Barry R. Schaller draws on examples from American literature in presenting an analysis of the legal aspects of several major problems facing our society. After identifying the key legal relationships in society, the book focuses on problems of violence, loss of authority, diminished faith in the American dream of progress, and the challenges posed by immense social and technological change. The author offers a set of standards to serve as a guide to effective judicial decision making and to assist the public in evaluating the soundness of those decisions.

In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century.
--"Choice, May 1997"

Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover.
--J. M. Balkin, Lafayette S. Foster Professor, Yale Law School

At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law.

His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

This is part of a comprehensive, three-volume set which focuses on the legal and business aspects of sports in the USA and abroad. It is presented from a practical and pragmatic perspective, yet with attention to detail. The work is composed of five parts, which deal respectively with: the law and business of sports in the United States, with the primary emphasis on the legal aspects of professional sports; the internationalization of sports from various perspectives, principally North American team sports; the law and business of sports in 18 other jurisdictions; the legal and business aspects of broadcasting and sports, both in the United States and in selected foreign jurisdictions; and sports marketing in its variegated forms in the USA, as well as its international perspectives.

Robert Williams attempts to write Indians back into Indian law by developing a greater appreciation for the contributions of American Indian legal visions and demonstrating how ancient treaty visions can speak to the modern, multicultural age. Prior to European colonization, in countless treaties, councils, and negotiations, American Indians had adhered to the principles contained in traditional rituals such as the Gus-Wen-Tah, the sacred treaty belt, for achieving justice between different peoples. Throughout the seventeenth and eighteenth centuries, the survival of the European colonies in North America required reaching accommodation with surrounding Indian tribes. However, European Common law and the white man's Indian law eventually became dominant, and came to be regarded as the salvation of the Indian in North America.
Williams maintains there is an important need for a more complete account of the legal visions of the American Indians. In this work, he examines the Indians' role in the history of legal traditions which have determined Indian rights in the U.S., including the Indian conceptions of justice, their traditions, and practices. Doing so is essential to protecting Indian tribalism's survival under U.S. law. In addition, understanding how the American Indian legal traditions have worked to help perpetuate Indian tribalism might also assist in beginning to understand how U.S. law may achieve racial justice more generally.

In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision. Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant. The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions-that marriage exists to provide a setting for the production and raising of children-is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.

This book examines the concept of political community beyond the Nation State and discusses its possible structure in the context of the European Union. It explores the evolution of political identity within the context of the Nation State, and considers the manner in which international organisations in general have affected the "shared understandings" which have evolved over the course of time. It concludes that it is only in the context of the European Union that the public realm of politics within the constituent Nation States has been consistently undermined. The book suggests that the notion of democracy beyond the Nation State is a feasible concept, and thereby seeks to adopt more deliberative ideas of democracy than the representative model favoured by the Nation State. Two particular factors are developed in this context: the growth "from below" of a nascent European "civil society" and the potential offered by advanced information technology in terms of facilitating the future emergence of postnational political identity, complementary to national political identity.

Providing an overview of the legal practice of seizure and overindebtedness in 12 countries of the European Union, this volume explores the issues in the format of separate country reports. Each report systematically addresses the following topics: a description of the law of enforcement and enforceable titles; goods subject to seizure and conservatory methods, with a description of the procedure of seizure; and the possible conflict with respect to seizures by different creditors.

The 1980s and 1990s have witnessed the emergence of globalized markets accompanied by an uneven process of national and international deregulation and re-regulation. The combined activities of transnational corporations in manufacturing industries (moving towards the global factory) and the newly privatized businesses in the energy, telecommunications and transportation sectors have fuelled an unprecedented growth in global markets and international business networks. The unexpected but now well established development of capitalism in eastern Europe and the boom in China's special economic zones have added still further to the opportunities and risks inherent in the rapidly developing global economy. For lawyers, economists, and political scientists one of the most significant aspects of the emergence of global markets is the question of regulation: how to regulate market access, product safety, consumer protection laws, financial services, probity and capital adequacy as well as anti-trust and competition laws and policies. Businesses complain that regulatory requirements frequently hinder the development of new markets. At the same time greater public awareness and concern, especially over other global issues such as environment protection, have raised the cost implications of regulatory requirements, sometimes astronmically. The essays in this volume attempt to address the success of efforts in the European Community, the US and elsewhere in the world to regulate in such a way as to accomodate both the interests of business and the wider interests of the public. The volume is divided into several sections, the first which deals with the globalization of regulatory processes. Other sections examine regulatory competition in the field of company law, self-regulation and competition in US corporate law; regulatory regimes in the European Union and the issue of regulatory coordination affecting economic and social insterests. This is an original and wide-ranging collection of essays which will attract a broad readership both in the US and Europe.

Following the adoption of the Treaty on European Union, the concept of Community or Union citizenship has been the subject of widespread academic and political debate. Part I of the book provides a framework within which to examine the concept of Community or Union citizenship, discusses the importance of Member State nationality for both the free movement of persons in the European Community and Union citizenship and, finally, examines the traditional requirement in Community law of involvement in an economic activity. Part II focuses on the relationship between the principle of equal treatment and Union citizenship, given the fact that many of the rights conferred on Union citizens are simply extended to them on the basis of the principle of equal treatment. Finally, Part III looks beyond equal treatment and questions whether a direct relationship can be said to exist between Union citizens and the Union. It also suggests some of the issues relevant to citizenship which may feature at the forthcoming Intergovernmental Conference in 1996.

The re-entry of foreign-based businesses into Cuba will require a complete overhaul of Cuba's laws and legal institutions. It will also require enactment of major new legislation there, designed to enable and facilitate modern business transactions. Travieso-Diaz identifies these necessary legal, political, and economic changes, integrating legal and economic concepts in a way that businesspeople can understand and use in determining when it will be safe for them to reestablish business ties with Cuba. An important, readable resource for corporate management and their academic colleagues specializing in international business, trade, and investment.

Using a practical, results-oriented approach, Travieso-Diaz organizes his book into three parts. In Part One, he discusses the specific political and economic changes that must occur and how U.S. policy must be modified to permit resumption of commerce between the two countries. Part Two covers the main legal concerns of a foreign business entity seeking to invest in Cuba, such as the resolution of property confiscation claims by U.S. and Cuban nationals, the enactment of a suitable foreign investment law, and the development of a program for the privatization of state-owned enterprises. Part Three surveys other legal issues important to foreign investors and to others who prefer trade with Cuba, rather than investment in it. Travieso-Diaz also provides checklists of changes that must occur in each area he covers--trade, investment, privatization--to provide business decisionmakers with a way of determining when it makes sense to enter the Cuban market. He also identifies the laws that the Cuban government must enact, and the most favorable form they should take, to encourage full participation from other nations.

Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.

Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Mary Ann Glendon's A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world, in which even lawyers themselves can lose their bearings. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance. Dramatizing issues and events through stories of lawyers and laypersons caught up in the currents of change, she provides a frank assessment of the people and ideas that are transforming our law-dependent culture.

In this book, Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order - an order characterized by remarkable stability with an equally significant degree of autonomy for individuals, communities, and businesses.

"Journal of a Country Lawyer: Crime, Sin and Damn Good Fun".

The history of German lawyers in private practice from 1878 to 1933 helps answer questions about the inability of German liberalism to withstand National Socialism in 1933. They won free entry and self-government for their profession in 1878, thinking these would lead to civic leadership and expanded liberty, but the changes that were unleashed revealed the limits of professional influence. Exaggerated expectations for the legal profession in public life exposed the limitations of procedural liberalism, with tragic consequences.