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Legal Analysis (legal + analysis)

Distribution by Scientific Domains
Law and Criminology88%

Selected Abstracts

Citizenship of the European Union,A Legal Analysis

EUROPEAN LAW JOURNAL, Issue 5 2007
Francis G. Jacobs
This concept was considered by some to be embryonic in the original Community Treaties, but was first expressly incorporated into the Treaties by the Treaty on European Union, signed at Maastricht on 7 February 1992. In the case-law of the European Court of Justice, which has given citizenship a content going beyond the express Treaty provisions, the concept is closely related to other basic concepts, including free movement of persons, the prohibition of discrimination on grounds of nationality and the protection of fundamental rights. This article seeks to review the case-law, to disentangle citizenship from other related concepts, and to determine what added value citizenship has brought to the Treaties and what the potential and the proper limits of the concept might be. [source]

Patents Gone Wild: An Ethical Examination and Legal Analysis of Tax-Related and Tax Strategy Patents

AMERICAN BUSINESS LAW JOURNAL, Issue 3 2009
Wade M. Chumney
First page of article [source]

Science, Ethics, and the "Problems" of Governing Nanotechnologies

THE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 4 2009
Linda F. Hogle
Commentators continue to weigh in on whether there are ethical, social, and policy issues unique to nanotechnology, whether new regulatory schemes should be devised, and if so, how. Many of these commentaries fail to take into account the historical and political environment for nanotechnologies. That context affects regulatory and oversight systems as much as any new metrics to measure the effects of nanoscale materials, or organizational changes put in place to facilitate data analysis. What comes to count as a technical or social "problem" says much about the sociotechnical and political-historical networks in which technologies exist. This symposium's case studies provide insight into procedural successes and failures in the regulation of novel products, and ethical or social analyses that have attended to implications of novel, disruptive technologies. Yet what may be needed is a more fundamental consideration of forms of governance that may not just handle individual products or product types more effectively, but may also be flexible enough to respond to radically new technological systems. Nanotechnology presents an opportunity to think in transdisciplinary terms about both scientific and social concerns, rethink "knowns" about risk and how best to ameliorate or manage it, and consider how to incorporate ethical, social, and legal analyses in the conceptualization, planning, and execution of innovations. [source]

Energy Security and the Division of Competences between the European Community and its Member States

EUROPEAN LAW JOURNAL, Issue 4 2008
Sanam S. Haghighi
However, dealing with energy issues in general and securing energy supply in particular is a new phenomenon within the EU's regulatory framework. One important issue which has not yet been discussed by legal scholars and which has been questioned repeatedly by energy experts, is the question who is actually responsible to guarantee security of energy supply in Europe? Is it the European Community alone? Is it the Member States alone? Or is it both? This question cannot be answered without a detailed legal analysis of the EU law in general, and EU law on division of competences between the Community and the Member States in particular. This article seeks to highlight the complications of this area of law within the EU and expand it to cover the energy sector in order to determine who and under what circumstances is responsible for guaranteeing security of energy supply for the consumers within the EU borders. [source]

Maximum Residue Limits of Veterinary Medicinal Products and Their Regulation in European Community Law

EUROPEAN LAW JOURNAL, Issue 2 2003
Robert Ancuceanu
This paper proposes a legal analysis of a legal and empirical tool (maximum residue limits (MRLs)) designed to protect the consumers of animal foodstuffs, as it is regulated in European Community law. After introducing the concept of MRLs in its legal context, MRLs are defined and the need for harmonisation in this field is explained. Then the main rules governing the establishment of MRLs at a Europe-wide level are expounded, an important place being devoted to some problems occurred in the cases decided by the European Court of Justice: is it possible to establish an MRL only for certain therapeutic indications? What about the intention of placing on the market in the establishment of an MRL? Is the procedure for the establishment of MRLs a tight or lax one? The answer to some of these questions involves more general aspects of European Community law. [source]

,A Benevolent Institution for the Suppression of Evil': Joseph Conrad's The Secret Agent and the Limits of Policing

JOURNAL OF LAW AND SOCIETY, Issue 3 2003
Stephen Skinner
The study of law in literature stimulates critical reflection about law and the limits of its institutions by expanding contextual analysis to include the emotive discourses of fiction. This article starts from the premisses that the orthodox separation of literary expression from social scientific writing is not immutable and that different temporal settings are not barriers to exploring themes that traverse them. It uses Joseph Conrad's The Secret Agent, a story of policing and anarchism in late nineteenth-century London, in order to discuss the limits of policing today. This novel is read in parallel with two modern police studies to show how it prefigures current concerns, portraying policing as an imperfect totem of security, immaterial to the individual's emotional crises, which, by extension, can be seen to illustrate the limits of law itself. This article thus raises methodological and theoretical issues of general interest to the study of law in society and suggests how reading literature can thicken' legal analysis by offering experience of the emotional beyond that law ignores. [source]

Legal Feminism and Foucault , A Critique of the Expulsion of Law

JOURNAL OF LAW AND SOCIETY, Issue 4 2001
Vanessa E. Munro
Contemporary theorists have become increasingly receptive to the selective incorporation of Foucaultian theory within feminist frameworks. However, the reception of Foucault within feminist legal critique has been less enthusiastic. The most celebrated theorist to argue for the incorporation of Foucaultian insight within the feminist analysis of law is Carol Smart. While conceding the significant contribution of her work, this article will argue that her interpretation of the Foucaultian thesis on law is considerably more problematic. Illustrating the extent to which she adopts an unnecessarily pessimistic prognosis for the development of Foucault within legal analysis and reform, this article will examine an emerging counter-interpretation of Foucault that presents the possibility for a more promising application, seeking to provide a defence both of the utility of Foucault for feminist jurisprudence, and of the utility of legal reform strategies being exercised for feminist purposes. [source]

Justice Without Borders: Human Rights Cases in U.S. Courts

LAW & POLICY, Issue 1 2006
JEFFREY DAVIS
In 1980 the Second Circuit Court of Appeals broke with years of legal tradition and ruled that human rights victims could sue their oppressors in federal court,even if the alleged violations occurred outside the country. This court based the extension of its authority on a provision of the 1789 Judiciary Act now referred to as the Alien Tort Claims Act (ATCA). ATCA cases present a unique opportunity to study judicial behavior in the face of separation of powers interests, traditions of judicial restraint, sovereign immunity defenses, and an active internationalist movement to extend human rights guarantees worldwide. Combining legal analysis with quantitative methodology, I find that U.S. federal courts are slowly accepting an internationalist approach to human rights, and that interest groups are largely driving this transformation. Sovereignty concerns and judicial ideology are not conditioning case outcomes, but party resources and separation of powers issues are. [source]

Tribunals and guidelines: Exploring the relationship between fairness and legitimacy in administrative decision-making

CANADIAN PUBLIC ADMINISTRATION/ADMINISTRATION PUBLIQUE DU CANADA, Issue 3 2006
France Houle
The role of tribunals in policy-making and/or policy-implementing raises important questions. For example, to whom are tribunals accountable for the development and application of guidelines where the functions of a tribunal - especially the adjudicative functions - are intended to be independent of government? The authors seek to understand better the dynamics of tribunals' role in the policy process. They propose a classification of guidelines based on the function they perform in administrative proceedings and provide an analysis of the normative framework underlying guidelines. The authors explore how a legal analysis of guidelines might shed on the theory and practice of public administration. The authors conclude that in the absence of a nuanced understanding of the legal status of guidelines, the relationship between administrative practice and the rule of law remains uncertain and unstable. Sommaire: Cet article cherche à répondre à deux questions: pourquoi les tribunaux administratifs comme la Commission de l'immigration et du statut de réfugié ont-ils recours à l'élaboration de directives? Et quels sont les principes et les valeurs qui justifient ces initiatives? Le rôle des tribunaux dans l'élaboration et/ou la mise en ,uvre des politiques soulève des questions importantes. Par exemple, à qui les tribunaux doivent-ils rendre compte en ce qui concerne l'élaboration et l'application de directives lorsque les fonctions d'un tribunal - en particulier les fonctions juridictionnelles - sont supposées être indépendantes du gouvernement? Les auteurs cherchent à mieux comprendre la dynamique du rôle des tribunaux dans le processus d'élaboration de politiques. Ils proposent une classification des directives d'après la fonction qu'elles jouent dans les procédures administratives et ils fournissent une analyse du cadre normatif sous-tendant ces directives. Les auteurs étudient comment une analyse juridique des directives pourrait éclairer la théorie et la pratique de l'administration publique. Ils concluent qu'en l'absence d'une compréhension nuancée du statut légal des directives, la relation entre la pratique administrative et la primauté du droit demeure incertaine et instable. [source]