Eric Engle

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http://www.amazon.com/Dr.-Eric-Allen-Engle/e/B00J9YYA4K
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Papers by Eric Engle

Quizmaster 20 Questions: Point of Law Ube Bar Review Questions

Social Science Research Network, 2021

This eBook provides detailed authoritative answers to the 21 released MBE questions from the Nati... more This eBook provides detailed authoritative answers to the 21 released MBE questions from the National Conference of Bar Examiners. Detailed explanatory answers to actual questions asked on past bar exams. Why the wrong answers are incorrect, why the right answers are right. Use of these questions does not constitute an endorsement by the NCBE. Dr. Engle's doctrinal materials are available at: http://amazon.com/author/quizmaster

Ecotaxes and the European Union

European Business Law Review

Summary: This article examines how an ecotax should be introduced by the European community, but ... more Summary: This article examines how an ecotax should be introduced by the European community, but implemented through the Member States, to comply with community obligations under Rio and Kyoto It analyzes whether the community has the legal power to impose taxes on Member States and the principles that can help shape not only regulation but also taxation. The author then ponders the reason for the failure to adopt a community level ecotax before looking at the core case law. He concludes with a look at how the ecotax question shows the problem of competition in economics.

Managing Pluralism

Outlines the current strategic situation facing the United States, and advocates pluralist multil... more

The Globalization of Antitrust and Competition Law

SSRN Electronic Journal, 2012

Abstract: Currently, a de facto global antitrust system, constructed on the basis of emulation of... more Abstract: Currently, a de facto global antitrust system, constructed on the basis of emulation of the converging US-EU anti-trust/competition law regime is anchoring global laws about unfair business practices as to price fixing and production quotas, inter alia. This de facto system is not yet based de jure in the World Trade Organization or any similar parallel institution. This may be due to the fact that there are several competing theoretical rationales which justify antitrust law. These competing rationales often have conflicting assumptions ...

Postmodern Openings

postmodernopenings.com

The effects of marriage are brought under regulation in the Civil Code in Title II entitled"... more The effects of marriage are brought under regulation in the Civil Code in Title II entitled" Marriage" Chapter V is dedicated to personal rights and duties of spouses (art. 307-311) and Chapter VI is dedicated to property rights and obligations of spouses (art. 312-372). Also, the Civil Code establishes the effects of marriage in other articles from different chapters. Also, we find some rights and obligations of spouses brought under regulation by rules belonging to other branches of law as follows: the Civil Code contains for example ...

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The Problems of Indeterminacy and Autonomy of Law

Abstract: The legal indeterminacy thesis argues that law is indeterminate, either due to inherent... more Abstract: The legal indeterminacy thesis argues that law is indeterminate, either due to inherent linguistic ambiguity, or due to the nature of logical argument or because law is rife with antinomies. Parallel to this argument is another related argument, that law is a relatively autonomous discipline with its own inner logic, its own inner development, that functions essentially independently of other

A dictionary of tort law : Deliktsrecht : English-German (with concepts from terms at times in French and Italian)

Trump's Foreign Policy: Realist Economic Nationalism

This article presents newly-elected President Trump's proposed foreign policies, contextualiz... more This article presents newly-elected President Trump's proposed foreign policies, contextualizing them in the greater picture of U.S. global strategy. It argues that Trump's proposed foreign policies are largely a salutary reaction against repeated neoconservative errors, perpetrated by both Republicans and Democrats. However, like the younger President Bush, Trump pursues a unilateral approach to international relations. Trump's unilateralism risks repeating some of the unilateralist errors of the younger Bush. Moreover, Trump's policies to restrict immigration, raise wages, introduce tariffs, and pursue protectionist policies, if in fact implemented, will prove economically disastrous and will fail to deliver the promised prosperity for ordinary Americans which Trump seeks. The potential errors and probable successes are outlined in this article within the broader context of the formation of the international rule of law through globalization.

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Europe's Common Foreign and Security Policy: Facing Crises in Ukraine and Syria

Indiana International & Comparative Law Review, 2015

This paper outlines the institutions which form and implement the Common Foreign and Security Pol... more This paper outlines the institutions which form and implement the Common Foreign and Security Policy of the European Union (EU CFSP) and examines the history of the EU CFSP. Descriptively, it explains the increasing cohesion of the CFSP as a reaction to past failures. Prescriptively, it recommends ways in which the CFSP can focus European will to attain desirable objectives of peace, prosperity, and protection of human rights. It compares the current conflict in Syria to the past failure of the EU to manage a similar conflict in Yugoslavia. It argues that the EU is contributing to the resolution of conflicts in Ukraine but it is unlikely that the EU can contribute to the peaceful transition of power in Syria as mediator between the U.S. and Russia or Assad and Rebels. Unlike Ukraine, paralysis, incapacity, and disintegration of the failing state are likely outcomes in Syria. EU CFSP institutions and instruments are well considered and consensusoriented but are slow and even indecisive in consequence. The crisis in Ukraine will likely focus the political will of European élites to attain decisive, coherent foreign policies adapted to the challenges presented in Ukraine and Syria. The death of Syria and the agony of Ukraine are bad for business-and even worse for peace and human rights. The EU has suasive and dissuasive soft-power mechanisms (education, sanctions), and NATO has hard power instruments (soldiers, aircraft). In concert with EU trading partners a resolution of these crises will be found-but the cost in blood and lost business is yet to be accounted for.

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Citizens' United? A Comparison of Constitutional Concepts in U.S. and German Law: Market, State, and Constitution (Rechtsvergleichung der Erfassungsbegriffen im Deutschen und U.S. Recht: Markt, Staat, Verfassung)

SSRN Electronic Journal, 2012

Abstract: The essay compares US and German constitutional concepts of the State, the Market, and ... more Abstract: The essay compares US and German constitutional concepts of the State, the Market, and Constitution, with some references to Citizen's united as a foil to bring out the conceptual differences. The essay includes precise equivalent terms in English and German inline as well as in parallel text format so that the work can serve as a good base for legal comparison, legal harmonization, and language acquisition. 16 pages, 104 footnotes.

A Comparison of Common Points Between Locke and Marx (Une Comparaison Des Points Communs Entre Locke Et Marx)

SSRN Electronic Journal, 1998

On supposera de premiere vue, qu'entre Marx et Locke il n'aura pas ou peu des points co... more On supposera de premiere vue, qu'entre Marx et Locke il n'aura pas ou peu des points communs. De fait leur analyse de la propriete est semblable, bien qu'Ils tirent des conclusions differentes de leurs analyses. ... Locke et Marx est destinée à montrer les congruences entre leur pensée sur la théorie de valeur travaille. Si nous trouverons un point commun parmi les économistes modernes, c'est sur ce point là: que le valeur est crée, et qu'il est crée par le travaille. [1] ... Pour Locke,[2] aussi bien que pour Marx,[3] la propriété en l'état de nature ...

The Problem of Universals for Late Modernity (Le Probleme Des Universaux Pour La Modernite Tardive)

SSRN Electronic Journal, 1998

LE PROBLEME DES UNIVERSAUX POUR LA MODERNITE TARDIVE: ...... 1 Problématique ....................... more LE PROBLEME DES UNIVERSAUX POUR LA MODERNITE TARDIVE: ...... 1 Problématique ................................................ 2 A. Du Réalisme au Nominalisme : ................................. 2 1. Contradictions Externes ..................................... 2 2. Contradictions Internes ..................................... 3 B. Verum - "your truths are my ... ... A la suite des deux guerres mondiales, les valeurs morales classiques se sont avérées être ... Mais, a contrario des penseurs relativistes, nous pensons que les valeurs morales ... Une analyse correcte de la relation entre les valeurs transcendantes et de leur

Book Review: Non-State Actors and Terrorism; Applying the Law of State Responsibility and the Due Diligence Principle

SSRN Electronic Journal, 2009

If you have any problems with this purchase, please contact us for assistance by email: Support@S... more If you have any problems with this purchase, please contact us for assistance by email: [email protected] or by phone: 877-SSRNHelp (877 777 6435) in the United States, or +1 585 442 8170 outside of the United States. We are open Monday through Friday between the hours of 8:30AM and 6:00PM, United States Eastern. ... Abstract: Two page book review of a book arguing that state responsibility should be attributed when states do not take steps to control the actions of terrorists.

Circularity and the Heuristics of Legal Reasoning: The Pit in the Pyramid is a Sphere Surrounding the Sarcophagus

SSRN Electronic Journal, 2010

Page 1. Electronic copy available at: http://ssrn.com/abstract=1710667 1 CIRCULARITY AND THE HEUR... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1710667 1 CIRCULARITY AND THE HEURISTICS OF LEGAL REASONING: THE PIT IN THE PYRAMID 1 IS A SPHERE 2 SURROUNDING THE SARCOPHAGUS. The objective of this brief paper is to expose the basic heuristics of legal reasoning. These heuristics are exposed both to show how legal science is based on logic and also to further efforts to represent law computationally. This paper does not attempt to prove that Hume's law is only a ...

Cruel and Unusual Punishments: The Logical Ambiguity of Conjunction as and Disjunction

SSRN Electronic Journal, 2010

I wish here to expose a draconian law-which however illustrates the pitfalls of ambigous language... more I wish here to expose a draconian law-which however illustrates the pitfalls of ambigous language and thus presents a perverse puzzle. It is of course the case that in the United States constitution we are assured that "No cruel and unusual punishment" shall be inflicted. Now this phrase is unfortunately ambiguous. The fact that it has been interpreted in a draconian rather than compassionate exegesis indicates 1) the pertinence of logical analysis to law 2) a critique of an unjust 'law'. As a logician knows, the word 'and' is ambiguous. In english "no cruel and unusual punishments" could be interpreted to mean: 'Neither cruel nor unusual punishments are to be tolerated'. This is what I would call the compassionate or if you prefer 'liberal' interpretation of the constitutional prohibition against cruel and unusual punishments. There is a canon of construction which by the way supports that interpretation, namely that punishments and crimes are to be interpreted restrictively. 1 Unfortunately this is not the interpretation given by the courts. 2 Another semantically possible interpretation of the statement "No cruel and unusual punishments" would be 'No punishment which is both cruel and unusual shall be legal.' The problem is, that implies

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Social Contract and Capital: Rousseau, Marx, Revolution and the Dictatorship of the Proletariat

SSRN Electronic Journal, 2008

Marx supposedly represents a radical break from liberal individualist property oriented thinking.... more Marx supposedly represents a radical break from liberal individualist property oriented thinking. In fact, Marx represents an integration of the best points of a variety of liberal individualists, notably Locke and Rousseau, but also to a lesser extent Aristotle and even Plato. Marx is an extension of, not a break from, mainstream thinkers in Western political and economic thought: all Marx's main ideas can be traced to one canonical scholar or another. Understanding analytical tools common to both Liberalism and Marxism contextualizes their divergences and allows one to better understand both the successes and failures of Marxism as a critique in practice of liberal state theory.

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Positivism and Normative Inference: Two Key Legal Problems of Late Modernity

SSRN Electronic Journal, 2008

POSITIVISM AND NORMATIVE INFERENCE: TWO KEY LEGAL PROBLEMS OF LATE MODERNITY ....................... more POSITIVISM AND NORMATIVE INFERENCE: TWO KEY LEGAL PROBLEMS OF LATE MODERNITY ......................................................................................................... 1 Introduction .................................... ............................................. ... ... Electronic copy available at: http://ssrn.com/abstract=1268520 ... Professor Duncan Kennedy is currently reexamining his early work critical of what he ... Professor Kennedy argues that US late 19 ... This rupture and redoubling has, per Kennedy, resulted in a radical loss of determinicity, ... 2 But that is not the perspective from

Truman and the Rise of the Cold War

SSRN Electronic Journal, 2010

Page 1. Electronic copy available at: http://ssrn.com/abstract=1564795 1 TRUMAN AND THE RISE OF T... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1564795 1 TRUMAN AND THE RISE OF THE COLD WAR John Kadar, Ph.D., Dr.Jur. Eric Engle LLM Page 2. Electronic copy available at: http://ssrn.com/abstract=1564795 2 TABLE OF CONTENTS Introduction 1 John Lewis Gaddis 5 Vladislav Zubok and Constantine Pleshakov 9 Arnold Offner and Melvyn Leffler 10 Michael Hogan 15 Conclusions 17 Bibliography 19 Page 3. 3 Introduction: The period referred to as the Cold War was inaugurated after the death of Franklin Delano Roosevelt ...

To Russia, with Love: The EU, Russia, and Special Relationships

SSRN Electronic Journal, 2010

This paper compares the institutions and goals of the USSR, the EU, and the CIS to understand the... more This paper compares the institutions and goals of the USSR, the EU, and the CIS to understand the differing origins and competing tendencies of these alternative models of transnational governance. It then projects those models through history to examine the current relationships of the former Soviet Republics to the EU and the United States. Understanding the historical sources and development of transnational relations in Eastern Europe will enable better international relations among the EU, the Russian Federation, and the other former Soviet Republics. This comparison will also help the Russian Federation and other former Soviet Republics to take up EU models of governance where appropriate (most often the case) in order to help restructure Eastern Europe, and to safeguard peace by increasing economic prosperity and interdependence.

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The Crisis of American Legal Thought and the Transformation of Sovereignty

SSRN Electronic Journal, 2010

Abstract: In the late 20th Century US legal theory splintered due to a crisis of interpretation i... more Abstract: In the late 20th Century US legal theory splintered due to a crisis of interpretation into competing antithetical views, often defined around personal identity: on the one side, critical legal studies, around which or out of which were marshalled critical race theory, lat/crit, feminist legal theory and even law and literature as opposing economic analyses of law (law and economics). This conflict was not resolvable by recourse to European Kelsenian legal theory due to the principle of value neutrality found in the work of Weber ...