The Constitution of Private Governance: Product Standards in by Harm Schepel

By Harm Schepel

In volume and value, inner most criteria are speedily taking up the position of public norms within the overseas and nationwide legislation of product safeguard. This booklet offers a entire assessment of the increase, function and standing of those deepest product protection criteria within the felony rules of integrating markets. In foreign and nearby exchange legislations as in ecu and American constitutional and administrative legislations, tort legislation and antitrust legislations, the booklet analyzes the ways that felony structures can and do realize deepest norms as 'law.' This sociological query of law's reputation of personal governance is indissolubly attached with a normative query of democratic idea: can legislations realize felony validity and democratic legitimacy outdoors the structure, with out constitutional political associations and past the state country? Or, can legislation 'constitute' deepest transnational governance? The booklet bargains the 1st systematic remedy of ecu, American and foreign 'standards legislations' within the English language, and makes an important contribution to the examine of the tactics of globalization and privatization in social and felony idea. For the thesis on which this publication was once dependent, damage Schepel was once offered the 1st EUI Alumni Prize for the: "best interdisciplinary and/or comparative thesis on ecu concerns" written on the EUI in recent times.

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Extra resources for The Constitution of Private Governance: Product Standards in the Regulation of Integrating Markets (International Studies in the Theory of Private Law)

Example text

95, 280–1 Milton Lee Leverette v Louisville Ladder Company 183 F 3d 339 (5th Cir 1999) ............................................................................................. 351 Kinser v Gehl Company 184 F 3d 1259 (10th Cir 1999) ............................... 378 DiCarlo v Keller Ladders 211 F 3d 465 (8th Cir 2000) ................................. 353 Cellular Phone Taskforce v FCC 217 F 3d 72 (2nd Cir 2000) ....................... 282 Waymire v Northfolk and Western 218 F 3d 773 (7th Cir 2000) ..................

Part three is broadly normative, and describes the regulation of standardisation. Chapters seven and eight discuss the status of standardisation in public law in EU and US legal systems; Chapters nine and ten discuss the status of standardisation in comparative tort and antitrust law, respectively. By 10 Introduction way of conclusion, the last chapter evaluates the conditions for, and limits of, the legitimacy of private governance in law. Without, I hope, detracting from the coherence of the book taken as a whole, I have made an effort to write each chapter as a self-standing essay.

352 Garay v Missouri Pacific Railroad Comp 60 F Supp 2d 1168 (D Kan 1999) .............................................................................................. 383 Jessup v American Kennel Club 61 F Supp 2d 5 (SD NY 1999) .................. 304 Anderson v Hedstrom Corp 76 F Supp 2d 422 (SD NY 1999) .................... 354 Commerce and Industry Insurance v Grinnell Corp 1999 WL 508357 (ED La 1999) .......................................................................... 391, 395–6, 399 Blevins v New Holland 128 F Supp 2d 952 (WD Va 2001) .........................

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