Search result: 267 articles

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Article

Access_open Understanding Legal Evolution through Constitutional Theory: The Concept of Constitutional (In-)Flexibility
Journal Erasmus Law Review, Issue 4 2011
Authors Elaine Mak
Author's information

Elaine Mak
Associate Professor of Jurisprudence at Erasmus University Rotterdam, Erasmus School of Law. Contact: mak@law.eur.nl. The research for this article was supported by a post-doctoral VENI grant from the Netherlands Organisation for Scientific Research (NWO). I would like to thank Klaus Heine for the opportunity to contribute to this special issue. Thanks are also due to Jan Schnellenbach, who acted as the discussant for an earlier version of this article at the Erasmus Law Review seminar organised in Rotterdam on 23 June 2011, and to the other participants in this seminar. I would further like to thank the anonymous reviewer of this article for useful comments, as well as Kristin Henrard and Chantal Mak. Any mistakes remain my own.
Article

Access_open The Vicissitudes of the Hermeneutic Paradigm in the Study of Law: Tradition, Forms of Life and Metaphor
Journal Erasmus Law Review, Issue 1 2011
Authors Carel Smith
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Carel Smith
Senior Lecturer Legal Theory, Leiden University.
Article

Access_open Introduction: The Foundations of a European Legal Method
Journal Erasmus Law Review, Issue 1 2011
Authors Sanne Taekema

Sanne Taekema
Article

Access_open The Common History of European Legal Scholarship
Journal Erasmus Law Review, Issue 1 2011
Authors Tammo Wallinga
Author's information

Tammo Wallinga
Tammo Wallinga is Senior Lecturer in Legal History at the Erasmus Universiteit Rotterdam and Professor for History of Private Law at the Universiteit Antwerpen.
Article

Access_open Autonomy and Paternalism from a Common Law Perspective: Setting Aside Disadvantageous Transactions
Journal Erasmus Law Review, Issue 2 2010
Authors Stephen Waddams
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Stephen Waddams
Goodman/Schipper Professor of Law, University of Toronto.
Article

Access_open Forms of Imposed Protection in Legal History, Especially in Roman Law
Journal Erasmus Law Review, Issue 2 2010
Authors Laurens Winkel
Author's information

Laurens Winkel
Professor of Legal History, Faculty of Law, Erasmus University, Rotterdam. This text is an expanded version of a paper ‘Feminae comme personae privilegiatae’, which was presented in French at the 54th session of the Société Fernand de Visscher in Antalya in September 2000.
Article

Access_open Contracts and Capabilities: An Evolutionary Perspective on the Autonomy-Paternalism Debate
Journal Erasmus Law Review, Issue 2 2010
Authors Simon Deakin
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Simon Deakin
Centre for Business Research and Faculty of Law, University of Cambridge. E-mail: s.deakin@cbr.cam.ac.uk.
Article

Access_open Informing Consumers About Themselves
Journal Erasmus Law Review, Issue 2 2010
Authors Oren Bar-Gill and Franco Ferrari
Author's information

Oren Bar-Gill
Professor of Law, New York University School of Law.

Franco Ferrari
Professor of Law, New York University School of Law. We wish to thank Jenifer Arlen, Ian Ayres, Lucian Bebchuk, Omri Ben-Shahar, Richard Craswell, Clay Gillette, Ofer Grosskopf, Christine Jolls, Marcel Kahan, Ehud Kamar, Daryl Levinson, Ronald Mann, Florencia Marotta Wurgler, Avishalom Tor, Elizabeth Warren and workshop participants at Harvard, NYU, the University of Haifa and the University of Illinois for helpful comments. Special thanks to Anthony Ogus, Willem van Boom and the participants in the Rotterdam Workshop on Juxtaposing Autonomy and Paternalism in Private Law for valuable comments and discussions. We are also grateful to an anonymous referee for helpful comments and suggestions. Robin Moore, Tal Niv and Rebecca Stone provided excellent research assistance. Financial support from the Filomen D'Agostino and Max E. Greenberg Research Fund and from the Cegla Center for Interdisciplinary Research of the Law in Tel-Aviv University is gratefully acknowledged.
Article

Access_open Introducing, Defining and Balancing ‘Autonomy v. Paternalism’
Journal Erasmus Law Review, Issue 1 2010
Authors Willem H. van Boom and Anthony Ogus
Author's information

Willem H. van Boom
Professor of Law at the Erasmus School of Law, Erasmus University Rotterdam.

Anthony Ogus
Professor of Fundamentals of Private Law at Erasmus University Rotterdam; Emeritus Professor of Law at the University of Manchester.
Article

Access_open Consumer Bankruptcy: A Third Way Between Autonomy and Paternalism in Private Law
Journal Erasmus Law Review, Issue 1 2010
Authors Nick Huls
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Nick Huls
Professor of Socio-Legal Studies, Erasmus School of Law and Leiden Law School.
Article

Access_open The Role of Information Deficiencies in Contract Enforcement
Journal Erasmus Law Review, Issue 1 2010
Authors Ann-Sophie Vandenberghe
Author's information

Ann-Sophie Vandenberghe
Ann-Sophie Vandenberghe is Assistant Professor of Law and Economics, Rotterdam Institute of Law and Economics, Erasmus School of Law.
Article

Access_open Mandatory Contract Law: Functions and Principles in Light of the Proposal for a Directive on Consumer Rights
Journal Erasmus Law Review, Issue 1 2010
Authors Gerhard Wagner
Author's information

Gerhard Wagner
Dr. Gerhard Wagner LL.M. is Professor of Fundamentals of Private Law at Erasmus University, Rotterdam, as well as, Professor of German and European Private Law and Civil Procedure at the University of Bonn.
Article

Access_open Regulating Consumer Demand in Insurance Markets
Journal Erasmus Law Review, Issue 1 2010
Authors Daniel Schwarcz
Author's information

Daniel Schwarcz
Associate Professor of Law, University of Minnesota Law School. A version of this paper, titled Insurance Demand Anomalies and Regulation, was simultaneously published in the Journal of Consumer Affairs. For helpful comments and suggestions, I thank Ken Abraham, Tom Baker, Oren Bar-Gill, Prentiss Cox, Brenda Cude, Kristin Hickman, Claire Hill, Bert Kritzer, Brett McDonnell, Amy Monahan, Francesco Parisi, Arden Rowell, Steven Schwarcz, Peter Siegelman and Paul Slovic. I also thank the participants in Erasmus Law School's conference on Juxtaposing Autonomy and Paternalism in Private Law, the University of Minnesotas seminar on Alternative Perspective on Law and Economics and the National Bureau of Economic Research's Insurance Project Workshop. Christina Alexander and Carl Engstrom provided excellent research assistance.
Article

Access_open The Racial Equality Directive and Effective Protection against Discrimination: Mismatches between the Substantive Law and Its Application
Journal Erasmus Law Review, Issue 3 2010
Authors Monika Ambrus, Marjolein Busstra and Kristin Henrard
Author's information

Monika Ambrus

Marjolein Busstra

Kristin Henrard
Monika Ambrus is assistant professor at the Erasmus University of Rotterdam; Marjolein Busstra is policy advisor at the Netherlands Ministry of Foreign Affairs; Kristin Henrard is professor of minority protection also at the Erasmus University of Rotterdam. This publication has been made possible by a generous VIDI grant of the Netherlands Foundation of Scientific Research. The authors wish to thank an anonymous referee and the editorial board of the Erasmus Law Review for thoughtful comments. The usual disclaimer applies.
Article

Access_open Limited Enforcement Possibilities under European Anti-Discrimination Legislation — A Case Study of Procedural Novelties: Actio Popularis Action in Hungary
Journal Erasmus Law Review, Issue 3 2010
Authors Lilla Farkas
Author's information

Lilla Farkas
Lilla Farkas is a member of the Budapest Bar Association, holds an LLM from King's College, London and is a PhD candidate at Lóránd Eötvös University's Faculty of Law in Budapest, Hungary. She is collaborating with the Budapest-based Chance for Children Foundation and the Brussels-based Migration Policy Group. She serves as president of the Hungarian Equal Treatment Authority's Advisory Board and as a race (Roma) ground coordinator for the European Network of Independent Experts in the Non-Discrimination Field.
Article

Access_open Introduction
Journal Erasmus Law Review, Issue 3 2010
Authors Ellen Hey
Author's information

Ellen Hey
Editor in Chief.
Article

Access_open Introduction: Contemporary Food Regulatory Regimes and the Challenges Ahead
Journal Erasmus Law Review, Issue 4 2010
Authors Alessandra Arcuri
Author's information

Alessandra Arcuri
Associate Professor of International Economic Law and Law and Economics, Erasmus School of Law, Erasmus University Rotterdam. I am grateful to the Editorial Board of the Erasmus Law Review, and in particular to Andria Naudé-Fourie for her precious support. Thanks also to Professor Yuwen Li, to all the referees who provided valuable feedback regarding the contributions in this issue, and to the participants in the Symposium on ‘Food Regulatory Regimes and the Challenges Ahead’, held during the Society for Risk Analysis — Europe Conference, King's College London, 21–23 June 2010, where some of the articles published in this issue were originally presented.
Article

Access_open Governing a Global Food Supply: How the 2010 FDA Food Safety Modernization Act Promises to Strengthen Import Safety in the US
Journal Erasmus Law Review, Issue 4 2010
Authors Elena Fagotto
Author's information

Elena Fagotto
Rotterdam Institute of Law and Economics, Erasmus University Rotterdam; Ash Center for Democratic Governance and Innovation, Harvard Kennedy School. E-mail: fagotto@frg.eur.nl. The author wishes to thank Alessandra Arcuri, Michael Faure, participants in the European Society for Risk Analysis Conference in London (June 2010) and an anonymous referee for valuable comments. I am also deeply indebted to Archon Fung at Harvard Kennedy School.
Article

Access_open The European Food Import Safety Regime under a ‘Stress Test’: The Melamine Contamination of the Global Food Supply Chain
Journal Erasmus Law Review, Issue 4 2010
Authors Alberto Alemanno
Author's information

Alberto Alemanno
Associate Professor of Law, HEC Paris, and Editor of the European Journal of Risk Regulation. The author wishes to thank two anonymous referees for their valuable inputs. Comments are welcome at: <alemanno@hec.fr>.
Article

Access_open The Global Arena of Food Law: Emerging Contours of a Meta-Framework
Journal Erasmus Law Review, Issue 4 2010
Authors Bernd van der Meulen
Author's information

Bernd van der Meulen
B.M.J. van der Meulen is Professor of Law and Governance at Wageningen University, the Netherlands <http://www.law.wur.nl/uk>; Chairman of the Dutch Food Law Association <http://www.nvlr.nl>; Director of the European Institute for Food Law <http://www.food-law.nl>; member of the Board of Directors of the European Food Law Association <http://www.efla-aeda.org>; and member of the Editorial Board of the European Food and Feed Law Review <http://www.lexxion.eu/effl>. This contribution elaborates on previous publications, such as: Bernd van der Meulen and Menno van der Velde, European Food Law Handbook (2008), available at: <http://www.wageningenacademic.com/foodlaw>; Irene Scholten-Verheijen, Bernd van der Meulen and Theo Appelhof, Landkaart levensmiddelenrecht (2009); and Bernd van der Meulen, Harry Bremmers, Leon Geyer, Nidhi Gupta and Hans Bouwmeester, Nano Food Regulation: Towards an Adaptive Regulatory Infrastructure for Nanotechnology Applications in the Food Sector (forthcoming). Many thanks to Prof. Margaret Rosso Grossman, Anna Szajkowska and Irene Scholten-Verheijen for their valuable comments and suggestions. Comments are welcome at <Bernd.vanderMeulen@wur.nl>.
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