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Comparative and Foreign Law Commons

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Full-Text Articles in Comparative and Foreign Law

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah Jan 2023

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah

Book Chapters

In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.

This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …


The Word Commons And Foreign Laws, Thomas O. Main Jan 2012

The Word Commons And Foreign Laws, Thomas O. Main

Scholarly Works

Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. But these outcomes are problematic because parties are denied access to court or have their …


Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum Jan 2002

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

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