Civil Justice Systems in Europe and the United States

Professor Dr. Hein D. Kötz - dean of Bucerius Law School in Hamburg, Germany, and a leading scholar in comparative law - presents the inaugural Herbert L. Bernstein Memorial Lecture titled, Civil Justice Systems in Europe and the United States

Civil Justice Systems in Europe and the United States

Professor Kötz delivered the inaugural Herbert L. Bernstein Memorial Lecture in Comparative Law in 2002 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. In order to highlight the similarities and differences in legal regimes between Europe and the United States, Professor Hein Kötz analyzes the German and American civil legal systems and, to a minor extent, the British civil legal system. Specifically, Kötz focuses on one of the distinguishing features of the American legal system, the civil jury, and its impact on the structure and flow of the civil court case. By targeting this feature of the American system, he highlights the differences in values held by each society, the impact these differing values have in altering fairly similar legal objectives, and the mechanisms that are created to fulfill these objectives, as well as the consequences of such mechanisms. Kötz shows how the American preference for a jury over a judge as the trier of fact for a civil trial greatly impacts a number of aspects of the trial, including discovery, the role of the judge, and the approach governing the introduction of expert testimony. This comparison puts into relief not only the differences between the two systems, but also the benefits and drawbacks of each. These differences are highlighted particularly well through the use of examples of solutions found within the legal systems to deal with unique problems – such as the American class-action suit

Youth Unemployment in Europe and the United States

This paper focuses particularly on youth unemployment, why we should be concerned about it, why it is increasing again, how the present difficulties of young people entering the labour market differ from those of the past and what useful lessons have been learned that may guide future policy. We focus on Europe and USA, but introduce evidence from other countries where appropriate. Our analysis of the UK NCDS birth cohort data provides evidence supporting the notion that early adulthood unemployment creates long lasting scars which affect labour market outcomes much later in life. Our chosen variables are weekly wages and happiness. Our results show significant effects at age 50 from early adulthood unemployment. These affects are stronger than more recent unemployment experiences.scarring effects, youth unemployment, happiness

ICT and productivity in Europe and the United States

The surge in labour productivity growth in the United States in the late 1990s has prompted much speculation about the capacity of Information and Communication Technologies (ICT) to structurally increase growth. The simultaneous slowdown in productivity growth in the EU suggests the European countries are falling behind. In this paper we will analyse labour productivity growth in 51 industries in Europe and the United States. Using shift-share techniques we identify the industries in which the U.S. has gained a lead and the underlying reasons for this. The results show that the U.S. has grown faster than the EU because of a larger ICT producing sector and faster growth in services industries that make intensive use of ICT. Lagging growth in Europe is concentrated in wholesale and retail trade and the securities industry.

Precautionary Regulation in Europe and the United States: A Quantitative Comparison

Much attention has been addressed to the question of whether Europe or the United States adopts a more precautionary stance to the regulation of potential environmental, health, and safety risks. Some commentators suggest that Europe is more risk-averse and precautionary, whereas the US is seen as more risk-taking and optimistic about the prospects for new technology. Others suggest that the US is more precautionary because its regulatory process is more legalistic and adversarial, while Europe is more lax and corporatist in its regulations. The flip-flop hypothesis claims that the US was more precautionary than Europe in the 1970s and early 1980s, and that Europe has become more precautionary since then. We examine the levels and trends in regulation of environmental, health, and safety risks since 1970. Unlike previous research, which has studied only a small set of prominent cases selected non-randomly, we develop a comprehensive list of almost 3,000 risks and code the relative stringency of regulation in Europe and the US for each of 100 risks randomly selected from that list for each year from 1970 through 2004. Our results suggest that: (a) averaging over risks, there is no significant difference in relative precaution over the period, (b) weakly consistent with the flip-flop hypothesis, there is some evidence of a modest shift toward greater relative precaution of European regulation since about 1990, although (c) there is a diversity of trends across risks, of which the most common is no change in relative precaution (including cases where Europe and the US are equally precautionary and where Europe or the US has been consistently more precautionary). The overall finding is of a mixed and diverse pattern of relative transatlantic precaution over the period

Taxes and Labor Supply: Portugal, Europe, and the United States

I relate hours worked with taxes on consumption and labor for Portugal, France, Spain, United Kingdom and United States. From 1986 to 2001, hours per worker in Portugal decreased from 35.1 to 32.6. With the parameters for Portugal, the model predicts hours worked in 2001 with an error of only 12 minutes from the actual hours. Across countries, most predictions differ from the data by one hour or less. The model is not sensible to special assumptions on the parameters. I calculate the long run effects of taxes on consumption, hours, capital and welfare for Portugal. I extend the model to discuss implications for Social Security. I discuss the steady state and the transition from a pay-as-yougo to a fully funded system. JEL codes:E6, H3labor supply, consumption tax, labor income tax

COMPARATIVE FOOD DISTRIBUTION INDUSTRIES: CANADA, EUROPE, AND THE UNITED STATES

Agribusiness,

John F. Sonnett Memorial Lecture Series: Legal Remedies Against the Council\u27s Failure to Act

Lecture by President Ole Due of the European Court of Justice (1988-1994), regarding judicial activism in Europe and the United States. Includes biography and speaker introduction.https://ir.lawnet.fordham.edu/events_programs_sonnet_lectures/1004/thumbnail.jp

International Developments in Self-Directed Care

Highlights innovative self-directed care programs in Europe and the United States that allow patients to choose home and community-based services, within a budget, in managing mental illness and chronic conditions. Examines outcomes and lessons learned