Property Rights In Land, Agricultural Capitalism, And The Relative Decline Of Pre-Industrial China, 2011 Duke Law School
Property Rights In Land, Agricultural Capitalism, And The Relative Decline Of Pre-Industrial China, Taisu Zhang
Faculty Scholarship
No abstract provided.
Comparing Regulatory Oversight Bodies Across The Atlantic: The Office Of Information And Regulatory Affairs In The Us And The Impact Assessment Board In The Eu, 2011 Duke Law School
Comparing Regulatory Oversight Bodies Across The Atlantic: The Office Of Information And Regulatory Affairs In The Us And The Impact Assessment Board In The Eu, Jonathan B. Wiener, Alberto Alemanno
Faculty Scholarship
‘Quis custodiet ipsos custodes?’ asked the Roman poet Juvenal – ‘who will watch the watchers, who will guard the guardians?’ As legislative and regulatory processes around the globe progressively put greater emphasis on impact assessment and accountability, we ask: who oversees the regulators? Although regulation can often be necessary and beneficial, it can also impose its own costs. As a result, many governments have embraced, or are considering embracing, regulatory oversight--frequently relying on economic analysis as a tool of evaluation. We are especially interested in the emergence over the last four decades of a new set of institutional actors, the …
Fundamental Norms, International Law, And The Extraterritorial Constitution, 2011 University of PIttsburgh School of Law
Fundamental Norms, International Law, And The Extraterritorial Constitution, Jules Lobel
Articles
The Supreme Court, in Boumediene v. Bush, decisively rejected the Bush Administration's argument that the Constitution does not apply to aliens detained by the United States government abroad. However, the functional, practicality focused test articulated in Boumediene to determine when the constitution applies extraterritorially is in considerable tension with the fundamental norms jurisprudence that underlies and pervades the Court’s opinion. This Article seeks to reintegrate Boumediene's fundamental norms jurisprudence into its functional test, arguing that the functional test for extraterritorial application of habeas rights should be informed by fundamental norms of international law. The Article argues that utilizing international law’s …
Restatements, 2011 Duke Law School
Restatements, Ralf Michaels
Faculty Scholarship
Written for an encyclopedia on European private law, this brief article first addresses the term restatements and then compares the U.S. Restatement of the law as prototype with different European restatements of the law in the area of private law.
A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, 2011 University of South Carolina
A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske
South Carolina Journal of International Law and Business
No abstract provided.
Internationalization And Integration Of Doctrine, Skills And Ethics In Legal Education: The Contrasting Situations Of The United States And Japan, 2011 University of Washington School of Law
Internationalization And Integration Of Doctrine, Skills And Ethics In Legal Education: The Contrasting Situations Of The United States And Japan, Daniel H. Foote
Articles
This article addresses two trends in legal education: internationalization and integration of doctrine, skills and legal ethics. In the United States, international and comparative law, skills training, and legal ethics all have deep historical roots in legal education, and the past few decades have seen further major increases in each of those areas. A particularly noteworthy recent development is the rise in efforts to integrate skills training and attention to ethical issues with doctrinal analysis, rather than just teaching each of those elements separately, Notably, Harvard Law School, which continues to influence educational patterns at other law schools within the …
The History Of Intellectual Property Taxation: Promoting Innovations And Other Intellectual Property Goals, 2011 University of Washington School of Law
The History Of Intellectual Property Taxation: Promoting Innovations And Other Intellectual Property Goals, Xuan-Thao Nguyen, Jeffrey A. Maine
Articles
No abstract provided.
A Grotian Moment: Changes In The Legal Theory Of Statehood, 2011 Cleveland-Marshall College of Law, Cleveland State University
A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio
Law Faculty Articles and Essays
This article examines the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article describes, in Part II, the notion of a Grotian Moment. In Part III, it examines the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights that sometimes affect state territorial integrity, the existence of de …
The French Jury At A Crossroads, 2011 Cornell Law School
The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain
UF Law Faculty Publications
This article describes the contemporary landscape of the French jury. Putting the institution in its historical and political context, it begins with an overview of the rich history of the French jury. We describe the earliest form of community judgment in France, the introduction of a formal jury system following the French Revolution, and the political and legal influences that transformed it from an independent body of lay citizens to a mixed decision-making body of professional and lay judges. We next identify characteristic features of contemporary French jury trial procedure and the respective roles and responsibilities of professional and lay …
Inside-Out Corporate Governance, 2011 University of Pennsylvania Carey Law School
Inside-Out Corporate Governance, David A. Skeel Jr., Vijit Chahar, Alexander Clark, Mia Howard, Bijun Huang, Federico Lasconi, A.G. Leventhal, Matthew Makover, Randi Milgrim, David Payne, Romy Rahme, Nikki Sachdeva, Zachary Scott
All Faculty Scholarship
Until late in the twentieth century, internal corporate governance—that is, decision making by the principal constituencies of the firm—was clearly distinct from outside oversight by regulators, auditors and credit rating agencies, and markets. With the 1980s takeover wave and hedge funds’ and equity funds’ more recent involvement in corporate governance, the distinction between inside and outside governance has eroded. The tools of inside governance are now routinely employed by governance outsiders, intertwining the two traditional modes of governance. We argue in this Article that the shift has created a new governance paradigm, which we call inside-out corporate governance.
Using the …
Comparative Law, 2011 Duke Law School
Comparative Law, Ralf Michaels
Faculty Scholarship
Written for an encyclopedia on European private law, this brief
article addresses term, purposes, methods and development of
comparative law. Special attention is given to the role of comparative
law in European private law studies, European law-making and European
adjudication.
Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], 2011 Duke Law School
Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels
Faculty Scholarship
Downloadable Document is in German
Summary
1. The private lawyer’s role is inseparably connected with the paradigms and doctrines of private law. This is so because the role played by private lawyers constitutes a large part of their understanding of the discipline. At the same time, the shared understanding of the discipline has necessary consequences for the roles played by lawyers in it.
2. Roles and role perceptions in private law are contingent upon space and time. The most important factor affecting private lawyers today is the growing detachment of private law from the state, through globalization, Europeanization, and privatization …
The Functionalism Of Legal Origins, 2011 Duke Law School
The Functionalism Of Legal Origins, Ralf Michaels
Faculty Scholarship
This article, written on request for the centennial issue of Ius Commune Europaeum, connects the economic literature on legal origins (La Porta et al) and the World Bank's Doing Business reports with discussions in comparative law about the functional method. It finds that a number of parallels and similarities exist, and that much of the criticism that has been voiced against functionalism should apply, mutates mutants, also to these more recent projects. The attraction that these projects have derive not, it is argued, from their methodological sophistication, but instead from "the strange lure of economics" and from the ostentatious objectivity …
Scientific Productivity And Gender Performance Under Open And Proprietary Science Systems: The Case Of Chile In Recent Years, 2011 American University Washington College of Law
Scientific Productivity And Gender Performance Under Open And Proprietary Science Systems: The Case Of Chile In Recent Years, Bernadita Escobar Andrae
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Case Of Colonel Abel, 2011 Southern Methodist University, Dedman School of Law
The Case Of Colonel Abel, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
In June 2010, journalists for the Associated Press reported the arrest of ten Russian spies, all suspected of being “deep-cover” illegal agents in the United States. Seeking to convey the magnitude of this event, the journalists wrote in the first paragraphs of their article that this “blockbuster series of arrests” might even be as significant as the FBI’s “famous capture of Soviet Col. Rudolf Abel in 1957 in New York.” Colonel Abel’s story of American justice at a time of acute anxiety about the nation’s security is one that continues to resonate today. The honor, and error, that is contained …
Constitutional Rights In The Balance: Modern Exclusionary Rules And The Toleration Of Police Lawlessness In The Search For Truth, 2011 Saint Louis University School of Law
Constitutional Rights In The Balance: Modern Exclusionary Rules And The Toleration Of Police Lawlessness In The Search For Truth, Stephen C. Thaman
All Faculty Scholarship
This article explores the tension in modern criminal procedure between the goal of ascertaining the material truth of the criminal charge and the respect for important human rights of criminal suspects during the investigation of the alleged criminal responsibility. It examines two major areas where police run the risk of violating and often do violate the constitutional rights of criminal suspects during interrogations and during invasions of privacy in the form of dwelling searches and interception of confidential communications. The approaches of modern democracies to this dilemma run from the strict exclusion of all direct and indirect evidence (fruits of …
Conference: Laïcité In Comparative Perspective, 2011 Indiana University Maurer School of Law
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Articles by Maurer Faculty
No abstract provided.
Ethnicity, Elections, And Reform In Burma, 2011 Indiana University Maurer School of Law
Ethnicity, Elections, And Reform In Burma, David C. Williams
Articles by Maurer Faculty
No abstract provided.
A Kind Of Judgment: Searching For Judicial Narratives After Death, 2011 Indiana University Maurer School of Law
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
Articles by Maurer Faculty
Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …
Comparative International Law, 2011 UC Hastings College of the Law