Institutional competition of optional codes in European contract law

The Common European Sales Law (CESL) is the European Commission’s most recent policy initiative for European contract law. It aims to address the problem that differences between the national contract laws of the Member States may constitute an obstacle for the European Internal Market. This paper develops a model of the institutional competition in European contract law and uses it to addresses the question as to whether an optional European contract code and the CESL are economically desirable for European contract law. To do so I examine the transaction costs involved in the process of choosing an applicable law that European businesses face when they conduct cross-border transactions in the European Internal Market. I then describe how these transaction costs shape the competitive environment, i.e. what I refer to as the “European market for contract laws” in which the contracting parties choose a law to govern their cross-border contracts. Having identified this environment and the competitive forces operating within it, I propose a model, the “Cycle of European Contract Law”. I use this model to analyze the competitive processes that take place in the European market for contract laws. Based on my results I make recommendations for the optimal implementation of an optional European contract code and the CESL in European contract law.     

Non-State Actors,Political Opportunity Structures and Foreign Relations: The Case of Germany's Federation of Expellees and the ‘Foundation Flight,Expulsion and Reconciliation’

This article examines the political process leading to the creation of the controversial ‘Foundation Flight, Expulsion and Reconciliation’ in Germany. The foundation aims to establish a permanent exhibition by 2016 showcasing the flight and expulsion of up to fifteen million Germans from the East following the Second World War. The foundation was the result of lobbying by the Federation of Expellees (BdV); it caused frictions in Germany's relations with its eastern neighbours and jeopardised Germany's reconciliation process with these states. The process reveals that the structure of Germany's polity, paired with astute alliance building and its members' rhetoric, aided the BdV's cause. Thus, non-state actors can utilise favourable domestic structures for the lack of material resources in order to maximise their lobbying ‘power’. This contributes to the growing literature on reconciliation in international relations which neglects domestic structures as a variable determining reconciliation processes in favour of more normative policy instruments.     

Two Objections to Yaffe on the Criminalization of Attempts

In his recent book Attempts, Gideon Yaffe suggests that attempts should be criminalized because of a principle he dubs the “Transfer Principle.” This principle holds that if a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized. Although Yaffe provides a powerful defense of the Transfer Principle, in this paper I argue that Yaffe’s argument for it ultimately does not succeed. In particular, I formulate two objections to Yaffe’s argument for the Transfer Principle. First, I argue that a basic assumption about criminalization, on which Yaffe’s argument crucially depends, is incomplete, and Yaffe’s own attempt to supplement it undermines his argument for the Transfer Principle. Second, I argue that Yaffe’s argument does not properly account for the fact that those who merely attempt a crime and those who complete it might sometimes be responding to reasons in different ways. Accordingly, I conclude that Yaffe has not succeeded in establishing the truth of the Transfer Principle.     

Technology transfer in the Americas: common and divergent practices among major research universities and public sector institutions

The present article presents the results of a qualitative study whose purpose was to compare the structure and operation of the programs for intellectual property management and technology transfer, and the mechanisms through which to foster entrepreneurship, in five high-profile research institutions across the Americas. The institutions of focus included Stanford University and the University of California, Davis in the United States; the Universidad Católica and the Universidad de Concepción in Chile; and the National Scientific and Technical Research Council in Argentina. The purpose of the study was to elucidate commonalities and differences among these institutions with respect to their technology transfer practices, and to distill methodologies that could be used to establish or refine technology transfer offices in American regions. Research revealed common goals and core activities, shared and implemented in similar ways among all five institutions. However, the analysis also identified divergent areas within the structure and operation of the various technology transfer programs, representing significant differences between the five institutions.