Law Commons^™

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decision According To Law?, James Maxeiner

All Faculty Scholarship

This essay is a critical response to the 2013 commemorations of the 75th anniversary of the Federal Rules of Civil Procedure.

The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice” with decisions according to law. By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do.

One side promotes rules that control and conclude litigation: e.g., plausibility pleading, case management, limited discovery, cost indemnity …

Significance Of The Fujimori Trial, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Conceptual Jurisprudence Of The German Constitution, William Ewald

All Faculty Scholarship

No abstract provided.

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Faculty Publications

No abstract provided.

What's So Special About American Law?, William Ewald

All Faculty Scholarship

No abstract provided.

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Fox Hunting, Pheasant Shooting And Comparative Law, Alan Watson, Khaled Abou El Fadl

Scholarly Works

The Roman jurists, ancient rabbis and Muslim jurists were very different people. Above all, the rabbis and Muslim jurists were engaged on a search for law as truth. And the Roman jurists were much more obviously upper-class gentlemen.91 But the similarities are great. All three had a passion for legal interpretation. They delighted in discussing hypothetical cases. They chased after solutions by ways of reasoning devised by themselves. Practical utility, while present, was in the background. At times, to outsiders, their opinions seem outr6, even callous, remote from reality. They have little interest in what actually happens in court: their …

Posner's Economic Approach To Comparative Law, William Ewald

All Faculty Scholarship

No abstract provided.

Accountability For Past Abuses, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Aspects Of Reception Of Law, Alan Watson

Scholarly Works

In most places at most times borrowing is the most fruitful source of legal change. The borrowing may be from within the system, by analogy - from negligence in torts to negligence in contract, for instance - or from another legal system. The act of borrowing is usually simple. To build up a theory of borrowing on the other hand, seems to be an extremely complex matter. Receptions come in all shapes and sizes: from taking over single rules to (theoretically) almost a whole system. They present an array of social phenomena that are not easily explained: from whom can …

From Legal Transplants To Legal Formats, Alan Watson

Scholarly Works

Most of the time rulers and governments in the Western world as a whole were little interested in making private law. Instead, the task devolved upon some group of the legal elite who became in effect subordinate law makers without having been given power to make law. Thus, Roman jurists as such were private individuals with no ties to government: they made law when their opinions came to win approval from other jurists. English judges in the Middle-Ages and later were appointed to decide cases: the tradition long was that they found the law but did not make it. Continental …

The Importance Of 'Nutshells', Alan Watson

Scholarly Works

In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …

A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson

Scholarly Works

In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …