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Edited by Fabrizio Cafaggi and Stephanie Law

Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
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Fabrizio Cafaggi and Stephanie Law

Introductory remarks 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law OVERVIEW OF THE TEXT This text contributes to the ongoing debates surrounding the development of European private law (EPL), paying particular attention to European consumer law. It is oft said that EPL in general, and especially as it relates to consumer protection, is in a constant state of flux. It is currently undergoing substantive, procedural and institutional transformations, which shape its scope, content and formation

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Marc T. Law and Sukkoo Kim

8 The rise of the American regulatory state: a view from the Progressive Era Marc T. Law and Sukkoo Kim Despite the United States being the world’s largest free market economy, government regulation of economic activity is a pervasive feature of the American economy of the early twenty-first century. The foods Americans eat, the cars they drive, the medicines they take, and the financial institutions from which they borrow and to which they lend are all subject to some kind of regulation. While governments from the colonial times played important roles in

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Edited by Fabrizio Cafaggi and Stephanie Law

Table of cases Case Law of the Court of Justice of the EU Case 8/55 Fédération Charbonnière de la Belgique [1956] ECR (English Special Edition) 292 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Joined Cases 7/56, 3/57 to 7/57 Algera [1957-1958] ECR (English Special Edition) 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Case 2/57 Hauts Fournaux de Chasse [1958] ECR (English Special Edition) 199 . . 43 Case C-1/58 Friedrich Stork et Cie v. High

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Cheng-Yi Huang and David S. Law

JOBNAME: Bignami PAGE: 1 SESS: 3 OUTPUT: Tue Aug 16 11:32:36 2016 11. Proportionality review of administrative action in Japan, Korea, Taiwan, and China Cheng-Yi Huang and David S. Law INTRODUCTION: THE EVOLUTION OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN EAST ASIA Judicial control of administrative action is not a novel idea in East Asia, but it has emerged under less than promising conditions. Much of the political economy literature has identified pervasive state management of the economy as the key to the unprecedented prosperity enjoyed by East Asian

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Kam-yee Law and Kim-ming Lee

17.  Integration policy and South Asian minorities in Hong Kong1 Kam- ee Law and Kim- ing Lee y m The Chinese population in Hong Kong moved from 6,363,182 (94.9 per cent of total population) in 2001 to 6,620,270 (93.6 per cent) in 2011. The ethnic minority population, excluding foreign domestic helpers (FDHs) who cannot apply for Hong Kong permanent residency, increased from 163,892 (2.5 per cent of total population) to 197,022 (2.9 per cent) during the same period of time (Census and Statistics Department, 2002, 2013). The ethnic minority population will

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Stephanie Law

7. The CJEU’s interpretation of the consumer: what significance of judicial cooperation? Stephanie Law* INTRODUCTION This chapter examines a key concept of national and European private law, from the perspective of the existence and significance of judicial coop­ eration. Having emerged initially in the nation states – tied to national markets and national cultures and traditions – the consumer has come to constitute one of the key actors in the European integration project; the final consumer is a member of European society,1 entitled to the protec­ tions and

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David S. Law and Tom Ginsburg

8. Constitutional drafting in Latin America: a quantitative perspective* David S. Law and Tom Ginsburg I. INTRODUCTION Generalizations about the practice of constitutional drafting within a region as diverse as Latin America are bound to be inherently imprecise. A single region can be home to considerable constitutional heterogeneity.1 It is also clear, however, that there exist geographical and regional patterns in the adoption of formal legal rules.2 Distinctive regional characteristics can endure in the face of globalization for a multitude of reasons. In the

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Robyn Holder

Just Interests 3.    Approaching law * I would have said [the law is] there for our benefit. (Roslyn, 2010) We tell ourselves stories in order to live … We look for the sermon in the suicide, for the social or moral lesson in the murder of five. We interpret what we see, select the most workable of the multiple choices. We live entirely, especially if we are writers, by the imposition of a narrative line upon disparate images, by the ‘ideas’ with which we have learned to freeze the shifting phantasmagoria which is our actual experience. (Didion

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Jule Mulder

JOBNAME: Giliker PAGE: 1 SESS: 5 OUTPUT: Fri Sep 29 13:43:31 2017 8. Employment law Jule Mulder 1 INTRODUCTION Rather than harmonising wide areas of employment and labour law, the European Union (EU) has only intervened sporadically and allows for significant diversity and discretion within the member states.1 Consequently, EU employment and labour law cover a diverse number of areas of concern, which occasionally overlap – including legal issues related to the free movement of persons, minimum labour law standards and equality, as well as collective labour law