Top 2 Lawarxiv Papers Today in Law


1.997 Mikeys
#1. The European Cartel Office (ECO) revisited
Florian Idelberger
The stability and long-term survival of EU institutions should not be taken for granted, not even for a successful institution such as DG Competition. This point was underlined by the on-going crisis. Thus, it makes sense to evaluate alternative concepts of governance and policy. To this end, this paper analyses in how far the concept and prospects of an ECO are still viable today. Through critical examination of relevant literature, the past developments in this regard are analysed. Furthermore, a model of aspects that are important for competition law enforcement is used to draw a comprehensive picture of aspects important for competition law enforcement and its institutions, such as goals, independence, competition economics, procedural issues, caseload and structure. Finally a normative evaluation of a prospective independent agency is done, which shows a possible solution for an independent European Cartel Office. This institution would be quite similar to DG Competition in some aspects, but potentially quite different,...
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1.984 Mikeys
#2. The Future of Disability Rights Protections for Transgender People
Kevin M. Barry, Jennifer L. Levi, Western New England University School of Law
The Americans with Disabilities Act and its predecessor, Section 504 of the Rehabilitation Act of 1973 (“Section 504”), protect people from discrimination based on disability, but not if the disability is one of three archaic medical conditions associated with transgender people: “transvestism,” “transsexualism,” and “gender identity disorders not resulting from physical impairments.” This Article describes the origins of transgender exclusion and discusses why a growing number of federal courts find this exclusion does not apply to gender dysphoria, a new and distinct medical diagnosis. Further, the Authors define the future of disability rights protections for transgender people.
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