Open Access. Powered by Scholars. Published by Universities.®
![Digital Commons Network](http://assets.bepress.com/20200205/img/dcn/DCsunburst.png)
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (4)
- Economics (2)
- Legal History (2)
- Public Affairs, Public Policy and Public Administration (2)
- Anthropology (1)
-
- Arts and Humanities (1)
- Asian History (1)
- Asian Studies (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Dispute Resolution and Arbitration (1)
- Earth Sciences (1)
- Economic History (1)
- Energy Policy (1)
- Energy and Utilities Law (1)
- Environmental Law (1)
- Environmental Policy (1)
- Environmental Sciences (1)
- European History (1)
- European Law (1)
- Geochemistry (1)
- Geophysics and Seismology (1)
- History (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Law (1)
- International and Area Studies (1)
- Law and Politics (1)
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Social and Behavioral Sciences
Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Stanley Dempsey, Chairman, Royal Gold
17 slides
Critical Cultural Translation: A Socio-Legal Framework For Regulatory Orders, Laura A. Foster
Critical Cultural Translation: A Socio-Legal Framework For Regulatory Orders, Laura A. Foster
Indiana Journal of Global Legal Studies
The making of legal regulatory orders has become increasingly transnational as legal ideas travel and are adopted, discarded, and refigured. Socio-legal scholars have recently turned to the framework of translation to guide examinations of how law changes from one context to the next and how law itself translates and transforms the subjects and objects it governs. Drawing upon science studies and feminist theory, this article develops critical cultural translation as possible socio-legal methodology and praxis for the study of transnational regulatory orders. Furthering this line of inquiry, it addresses the regulation of benefit sharing and the patenting of indigenous San …
No Alternative: Resolving Disputes Japanese Style, Eric Feldman
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
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 …
Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.
Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.
All Faculty Scholarship
The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States, with its …