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Full-Text Articles in Law

Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol Nov 2014

Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol

D. Daniel Sokol

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.


Watson, Walton, And The History Of Legal Transplants, John W. Cairns Sep 2014

Watson, Walton, And The History Of Legal Transplants, John W. Cairns

Georgia Journal of International & Comparative Law

No abstract provided.


No Alternative: Resolving Disputes Japanese Style, Eric Feldman Jan 2014

No Alternative: Resolving Disputes Japanese Style, Eric Feldman

All Faculty Scholarship

This article critiques the simple black/white categorisation of mainstream versus alternative dispute resolution, and argues that what is needed is a cartography of dispute resolution institutions that maps the full range of approaches and traces their interaction. It sketches the first lines of such a map by describing two examples of conflict resolution in Japan. Neither can justly be called “alternative”, yet neither fits the mould of what might be called mainstream or classical dispute resolution. One, judicial settlement, focuses on process; the other, compensating victims of the Fukushima disaster, engages a specific event. Together, they help to illustrate why …


Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang Jan 2014

Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang

Faculty Scholarship

Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …