Results 21 to 30 of about 6,319 (87)
The challenge of radical reform in pluralist democracies
European Law Open, 2022 Martijn Hesselink proposes a new European charter of private law that would correct the deficiencies in private law identified by Katharina Pistor. While Hesselink aims to achieve radical reform by way of radical democracy, this article argues that ...
Aditi Bagchi
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European Law Open, 2022 Capital, I argue in ‘The Code of Capital: How the Law Creates Wealth and Inequality’, is coded in law.1 Legal coding is a process that adapts and molds formal law over time, often without explicit ex ante sanctioning by a legislature or a court.
Katharina Pistor
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European Law Open, 2022 The end of free movement as a consequence of the United Kingdom (UK)’s withdrawal from the European Union (EU) meant that it was necessary for the UK to devise a new migration system when the transition period came to an end.
Manoj Dias-Abey
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European Law Open, 2022 In recent years, legal scholars have dismantled influential economic accounts of the private nature of money, demonstrating that money is better understood as a ‘governance project’ and a public resource that is created and regulated by the state.
Anna Chadwick
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Two times two temperaments of legal scholarship and the question of commodification
European Law Open, 2022 The article offers a brief account of the continental European (viz., German) and the US American approach to legal education and scholarship. It then explores in which respect legal academics active in these cultures are vulnerable to the lure of ...
Alexander Somek
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European Law Open, 2022 This article discusses the United Kingdom (UK) 2019 Seasonal Worker Visa, which was adopted to address labour shortages in horticulture. It explains the challenges faced by workers in agriculture more broadly, and the particular issues raised by seasonal
Virginia Mantouvalou
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Authoritarian liberalism: A labour law perspective
European Law Open, 2022 In my contribution to the symposium on Michael Wilkinson’s new book, I focus in on his analysis of Hermann Heller’s thinking regarding the state. Icompare Heller’s writings with those of Hugo Sinzheimer (1875–1945), a legal scholar, practising lawyer and
Ruth Dukes
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When can religious employers discriminate? The scope of the religious ethos exemption in EU law
European Law Open, 2022 When are religious employers exempt from the prohibition of discrimination (i.e., when can they discriminate against non-adherents)? The European Union (EU) Equality Framework Directive exempts religious employers from the prohibition of religious ...
Martijn van den Brink
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Proportionality of Interference with the Right to Peaceful Enjoyment of Property During the Seizure of Property in Criminal Proceedings in Ukraine [PDF]
Access to Justice in Eastern Europe, 2020 This article considers relevant science and law enforcement practice issues of state intervention’s legitimacy in the right to peaceful property enjoyment in criminal proceedings during property seizure.
Kaplina Oksana, Fomin Serhiy
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European Law Open, 2022 Michael Wilkinson’s Authoritarian Liberalism is an important, and, in many respects, praiseworthy contribution to the debates on the present state of the European Union (EU) and its highly problematical future. Its recourse to political economy in the re-
Christian Joerges
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