Journals

The Czech Constitutional Court’s Second Decision on the Lisbon Treaty of 3 November 2009

Research Articles
null The Editors, Jan Komarek,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 345-352

Abstract
On 3 November 2009 the Czech Constitutional Court gave its second ruling within a year on the Treaty of Lisbon. The Court squarely rejected the complaints against the Treaty. For scholarship the most interesting characteristic of the ruling is the way the Court distanced itself from the Lissabon-Urteil of the Bundesverfassungsgericht in such unequivocal terms that the judgment’s central passages deserve a place in this issue, even though we only dispose of a provisional translation by Jan Kom rek and cannot make comments available yet. As it did in the previous judgment on the Lisbon Treaty of 28 November 2008, the Czech Court again belies the established idea that eastern European constitutional courts take the Bundesverfassungsgericht as their [...]

On the Lissabon-Urteil : Democracy and a Democratic Paradox

Editorial
null JHR, null LB,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 341-344



A Patent Exhaustion Exposition – Situating Quanta v. LGE in the Context of Supreme Court Jurisprudence

The Supreme Court decided Quanta v. LGE on June 9, 2008, marking the first time the Court had addressed the topic of patent exhaustion in sixty-six years. This paper provides an in-depth analysis of the law of patent exhaustion and analyzes the holding in Quanta in the context of past Supreme Court jurisprudence. In determining [...]

Exploring the Taxometric Status of Psychopathy Among Youthful Offenders: Is There a Juvenile Psychopath Taxon?

Abstract  Several recent studies have examined the taxometric status of psychopathic and antisocial traits in adult samples, almost
all of which have supported a dimensional model. The three studies examining whether psychopathic traits [...]

The Future of Agency Independence

Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In this Article, we identify mechanisms that make independent agencies increasingly responsive to presidential preferences. We find these mechanisms in a context where independent agencies [...]



Optimizing Private Antitrust Enforcement

Private litigation is the predominant means of antitrust enforcement in the United States. Other jurisdictions around the world are increasingly implementing private enforcement models. Private enforcement is usually justified on either compensation or deterrence grounds. While the choice between these two goals matters, private litigation is not very effective at advancing either one. Compensation fails [...]

The socioeconomic and demographic determinants of crime in Iran (a regional panel study)

Abstract  The raising trend both in violent and property crime are of major concern in Iran. Using a panel data modeling (province wide),
the paper provides an econometrics assessment of the relationship between crime against properties and [...]

Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens

Abstract  The importance of the institutional framework for economic development is widely accepted today and it is duly stressed in
the economic literature. The protection of property rights, the enforcement of contracts and an efficient [...]

Director’s liability and investor protection: a law and finance perspective

Abstract  This article conducts an analysis of director’s liability in listed firms using modern finance theory. The paper describes
how the use of special general clauses in Danish law regulates director’s liability. It is shown how [...]

The cost of regulation in a decentralized context: the case of the Spanish regions

Abstract  The impact of regulation on productivity is an issue that has attracted increasing interest in recent decades, as some scholars
have argued that the proliferation of red tape may be the cause of slower growth rates in some western [...]