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Full-Text Articles in Law
Why Didn't The Common Law Follow The Flag?, Christian Burset
Why Didn't The Common Law Follow The Flag?, Christian Burset
Journal Articles
This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …
Cooperation In Legal Education And Legal Reform, Ronald A. Brand
Cooperation In Legal Education And Legal Reform, Ronald A. Brand
Articles
This contribution to the symposium Special Report on Kosovo After the ICJ Opinion focuses on legal education and its role in the legal reform necessary to any state that is transitioning to a new system of government. It does so by considering first the importance of legal education as a U.S. export to transition countries. This necessarily requires a reciprocal consideration of the importance to U.S. law schools of considering the external, international effect of implementing changes in the traditional structure of U.S. legal education, and about how teaching methods both distinguish differing legal systems and require cross-system consideration of …
Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol
Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol
UF Law Faculty Publications
This Essay does three things. First, it provides an overview of Law and Development issues. Second, it responds to other pieces in the symposium "The Future of Law and Development". Third, it suggests that to measure success, Law and Development needs clearer goals.
Three Transnational Discourses Of Labor Law In Domestic Reforms, Alvaro Santos
Three Transnational Discourses Of Labor Law In Domestic Reforms, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
Current labor law debates, in the United States and elsewhere, reflect entrenched discursive positions that make potential reform seem impossible. This Article identifies and examines the three most influential positions, which it names the “social,” “the neoliberal,” and the “rights-based” approach. It shows that these discursive positions are truly transnational in character. In contrast with conventional wisdom, which accepts the incompatibility of these positions, this Article creates a conceptual framework that productively combines elements from each to enrich the debates over labor law reform and to foster institutional imagination. Applying this framework, the Article examines the collective bargaining systems of …
Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger
Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger
All Faculty Scholarship
The emergence of post-Socialist legal orders is reshaping some of the familiar terrain of comparative legal studies. This Article, invited as part of an effort to think about the topic of "What the Rest think of the West," reconsiders the vast legal re-codification projects that stand at the center of "nation-building" projects in formerly Socialist states. Such projects, and the rupture from which they emerge, challenge essentialist or static notions of identity and assumptions of where the West is or where the Rest begin. Anthropological concepts of "liminality" and "deixis" assist in understanding Ukrainian legal experts' thinking on legal reforms …