Author Archives: oneditor
American Constitutional Fantasies: Escape from Difference Through Escape from Government
One of the delights of comparative legal work is coming to understand the way that different legal traditions offer quite different answers to the same questions. Perhaps an even greater joy is discovering that not only do different legal traditions … Continue reading
Functional Participation in EU Delegated Regulation: Lessons from the United States at the EU’s “Constitutional Moment”
There are considerable differences in the way the United States and the European Union (EU) deal with delegated regulation and how they conceptualize the legitimacy of such regulatory procedures beyond the normal legislative road. In the United States, delegated regulation … Continue reading
Good Administration and Administrative Procedures
This article examines the relationship between administrative procedures, the duty of giving reasons, and the citizens’ participation in relation to the quality of the administrative behavior. I will take into account some national experiences and will reflect about some crucial … Continue reading
Access to U.S. Federal Courts as a Forum for Human Rights Disputes: Pluralism and the Alien Tort Claims Act
The contribution of this paper to the conference falls under the category of The United States Experience of the Pluralistic Deficit Before the Courts. Rather than discuss the inclusion of U.S. citizens in the judicial process or the U.S. domestic … Continue reading
The Functional Representation of the Individual’s Interests Before the EC Courts: The Evolution of the Remedies System and the Pluralistic Deficit in the EC
Given the democratic deficit affecting Community governance, the representation of the individual’s interests through tools that are different from the traditional political ones is particularly necessary and important in the European Community (EC). Although such alternative tools cannot substitute for … Continue reading
Back to Government? Reregulating British Railways
Rail privatization in the United Kingdom (U.K.) was a complex affair that involved taking a single industry and breaking it up into distinct parts. It also required separate regimes of statutory regulation to oversee the general operation of the railways, … Continue reading
Fighting Terrorism
Terrorism is the primary national security challenge confronting the United States and will be for many years. We have not been attacked, at home, since 9/11. But that does not mean the threat is fading. There have been twice as … Continue reading
Administrative Procedures and Democracy: The Italian Experience
The link between participation and democracy is evident: democracy means participation (at least), and participation is ensured by procedures whose goal is to ensure that a “good” decision is made. With regard to democracy, even if the Italian Constitution does … Continue reading
Symposium Introduction: Back to Government? The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts
Given the broad scope of the research and the countless possible examples of an increasingly complex system of governing legal and social phenomena through government and governance, we have tried to prepare a rather simple framework for the analysis. Going … Continue reading
Reframing the Issue: AIDS as a Global Workforce Crisis and the Emerging Role of Multinational Corporations
By discussing the existing global AIDS epidemic, both in terms of the current framework of a human rights crisis, as well as in terms of the proposed framework of a global workforce crisis, this Note seeks to provide a common … Continue reading
“The Regulatory Grass is Greener”: A Comparative Analysis of the Alien Tort Claims Act and the European Union’s Green Paper on Corporate Social Responsibility
Heightened economic incentives and increasingly ineffective legal regimes have combined to create a single-minded monolith of MNCs. These organizations have little incentive to respect human rights and the environment in the wake of their profit grabbing. Consider the list of … Continue reading
The Concept of Statutory Law in EU Perspective
The current meaning of the political concept of law is the result of a long and complex historical evolution. The underlying premise is that law does not always follow the development of democratic values. On the contrary, the political datum … Continue reading
Pluralistic Deficit and Direct Claims to European Constitutional Courts
Pluralistic deficit is connected to the difficulties of representing individual and collective interests. From this perspective, access to European Constitutional Tribunals, particularly in the newest Central and Eastern European countries, is broadly guaranteed to persons or organizations, such as constitutional … Continue reading
Taking Legal Pluralism Seriously: The Alien Tort Claims Act and the Role of International Law Before U.S. Federal Courts
The issue of pluralistic deficit in decisionmaking processes and in the judicial process covers a wide range of questions, relating pluralism to contexts both within and outside the state level. Legal pluralism, in fact, is a general phenomenon linked to … Continue reading
Privatization, Prisons, Democracy, and Human Rights: The Need to Extend the Province of Administrative Law
Administrative law has an important role to play when it comes to providing democratic forums for deliberation and decisionmaking on a wide range of issues. In this paper, I will argue that domestic administrative law potentially offers a means for … Continue reading
The Language of Higher Education Assessment: Legislative Concerns in a Global Context
In recent years, state and federal legislatures have taken increasingly outspoken stands as guardians of the public interest regarding the costs and benefits of higher education, particularly state-funded higher education. In the 1980s, several states passed legislation requiring educational outcomes … Continue reading