Now showing items 31-40 of 41
In defense of complete preemption
Paul E. McGreal, In Defense of Complete Preemption, 156 U. Pa. L. Rev. PENNumbra 147 (2007).
Recent writings by Professors Gil Seinfeld and Trevor Morrison criticize the Supreme Court's complete preemption doctrine as misguided and unconstitutional, respectively. Professor Seinfeld suggests reforming the doctrine ...
Did symbolism sink the constitution? Reflections on the European Union's state-like attributes
Stephen C. Sieberson, Did Symbolism Sink the Constitution? Reflections on the European Union's State-Like Attributes, 14 U.C. Davis J. Int'L L. & Pol'y 1 (2007).
After several years of debate and controversy, in June of 2007 the European Union abandoned its proposed Constitution. On December 13, 2007, representatives of the Member States signed a replacement document, a treaty ...
The Treaty of Lisbon and its impact on the European Union's democratic deficit
Stephen C. Sieberson, The Treaty of Lisbon and Its Impact on the European Union's Democratic Deficit, 14 Colum. J. Eur. L. 445 (2008).
In volume 10 of the Columbia Journal of European Law, the editors published an extensive article by Professor Sieberson, entitled "The Proposed European Union Constitution-Will It Eliminate the EU's Democratic Deficit?" ...
Dividing lines between the European Union and its member states: The impact of the Treaty of Lisbon
Stephen C. Sieberson, Dividing Lines Between the European Union and Its Member States: The Impact of the Treaty of Lisbon (2008).
In the European Union the balance of power between Brussels and the Member State governments is an ongoing matter of contention. With each treaty amendment during the Union's first 50 years, EU competences have grown, and ...
Dividing lines between the European Union and its member states: Assessing the impact of the constitutional treaty
Stephen C. Sieberson, Dividing Lines Between the European Union and Its Member States: Assessing the Impact of the Constitutional Treaty (2007) (unpublished Ph.D. dissertation, Erasmus University Rotterdam).
Proposed European Union Constitution -- will it eliminate the EU's democratic defict?
Stephen C. Sieberson, The Proposed European Union Constitution – Will It Eliminate the EU’s Democratic Deficit? 10 Colum. J. Eur. L. 173 (2004).
In 2003 the European Convention released a draft of the Treaty Establishing a Constitution for Europe, a document intended to replace the primary European Union treaties. This article examines the draft Constitution to ...
How the new European Union Constituion will allocate power between the EU and its member states -- a textual analysis
Stephen C. Sieberson, How the New European Union Constitution Will Allocate Power Between the EU and Its Member States – A Textual Analysis, 37 Vand J. Transnat'l L. 993 (2004).
The new European Union Constitution, if ratified by the EU's Member States, will replace the existing EC Treaty and Treaty on European Union. The Author analyzes the text of the Constitution to determine how it balances ...
Worth doing well -- the improvable European Union Constitution
Stephen C. Sieberson, Worth Doing Well – The Improvable European Union Constitution, 26 Mich. J. Int'l L. 587 (2005).
The European Union Constitution’ (Constitution) was born of a desire to reorganize and simplify the existing EU Treaties in anticipation of the European Union’s (EU or Union) addition of ten new Member States in 2004. Its ...
The case for a constitutional easement approach to permanent monuments in traditional public forums
Paul E. McGreal, The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums, 103 Nw. U. L. Rev. Colloquy 185 (2008).
This November, the Supreme Court will hear argument in City of Pleasant Grove v. Summum, where the question is whether the public has a right to place permanent monuments in a traditional public forum, such as a city park. ...
Saving Article I from Seminole Tribe: A view from The Federalist Papers
Paul E. McGreal, Saving Article I from Seminole Tribe: A View from The Federalist Papers, 55 SMU L. Rev. 393 (2002).