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Articles 1 - 9 of 9

Full-Text Articles in Comparative and Foreign Law

The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles Dec 2014

The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles

Annelise Riles

Global private law has become the source of both anxiety and euphoria. Inherent in this fascination is the assumption that global private law threatens the legitimacy of the state by taking over its functions through new techniques of governance. In this article, I build upon research in one arena of global private governance, the production of legal documentation for the global swap markets, to challenge the most prominent assumptions about private law beyond the state. I argue that rather than focusing on how global private law is or is not an artifact of state power, a body of private norms, …


Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles Dec 2014

Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles

Annelise Riles

This article revisits the work of a canonical but quixotic figure in early American comparative law, John Henry Wigmore, as a lens through which to imagine what comparative law's role might be in the era of globalization. Wigmore's "pictorial method", compared here to the "treasure boxes" of Ming and Ch'ing Dynasty Chinese emperors, in which precious objects of different scales and eras were appreciated aesthetically side by side, presents a challenge to the many "modernist" approaches to comparative law in existence today. An exploration of the intellectual history of comparative law through the disjuncture of Wigmore's work engenders a treatment …


Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol Nov 2014

Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol

D. Daniel Sokol

When government regulates, it may either intentionally or unintentionally generate restraints that reduce competition ("public restraints"). Public restraints allow a business to cloak its action in government authority and to immunize it from antitrust regulation. Private businesses may misuse the government's grant of antitrust immunity to facilitate behavior that benefits businesses at consumers' expense. One way is by obtaining government grants of immunity from antitrust scrutiny. A recent series of Supreme Court decisions has made this situation worse by limiting the reach of antitrust law in favor of sector regulation. This is true even though the Supreme Court refers to …


Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol Nov 2014

Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol

D. Daniel Sokol

Antitrust has entered a gilded age of increased international domestic legislatures, courts, and agencies, and the market as an institution. Existing institutions each have limitations in their ability to address any of the issues in international antitrust exclusively. This Article argues that the ICN is the institution best suited to address these issues. This approach may assist to identify other regulatory areas in which an ICN modeled "soft law" transnational institutional choice may prove to be the most effective way to address international issues.


Books Received, Georgia Journal Of International And Comparative Law Oct 2014

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen Sep 2014

Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen

Georgia Journal of International & Comparative Law

No abstract provided.


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …


Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon Mar 2014

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.


India’S State Of Legal Education: The Road From Nlsiu To Jindal, Deepa Badrinarayana Dec 2013

India’S State Of Legal Education: The Road From Nlsiu To Jindal, Deepa Badrinarayana

Deepa Badrinarayana

This narrative is a reflection of the changes that the National Law School of India University (NLSIU) ushered in India, prior to globalization. It reflects on the challenges to legal education in India pre-globalization and the efforts made through the creation of NLSIU to address these challenges, and it also introduces some of the challenges facing Indian legal education in a globalized world.