Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Comparative and Foreign Law (15)
- Constitutional Law (7)
- International Law (7)
- Antitrust (6)
- China (5)
-
- Comparative Law (5)
- Globalization (5)
- Antitrust and Trade Regulation (4)
- Comparative law (4)
- Human Rights Law (4)
- India (4)
- Supreme Court of India (3)
- Abortion (2)
- Civil law (2)
- Comparative Law (2)
- Conflict of Laws (2)
- Constitutional Court (2)
- Courts of Last Resort (2)
- Criminal Law and Procedure (2)
- Enforcement (2)
- Environmental Law (2)
- Environmental law (2)
- European Publications (2)
- First Amendment (2)
- French judicial discourse (2)
- International antitrust (2)
- International humanitarian law (2)
- John Dawson (2)
- Jurisprudence (2)
- Law and Economics (2)
- Publication
-
- D. Daniel Sokol (6)
- Mitchel Lasser (5)
- Annelise Riles (4)
- Mathilde Cohen (3)
- Wentong Zheng (3)
-
- Aziz Rana (2)
- Berta E. Hernández-Truyol (2)
- Erin Ryan (2)
- Gregory S Alexander (2)
- Jens David Ohlin (2)
- Kevin M. Clermont (2)
- Manoj S. Mate (2)
- Paulo Barrozo (2)
- Teresa M. G. Da Cunha Lopes (2)
- Andrea Beauchamp Carroll (1)
- Benedict Sheehy (1)
- Bryane Michael (bryane.michael@stcatz.ox.ac.uk) (1)
- Claire Germain (1)
- Claudia Ribeiro Pereira Nunes (1)
- Curtis J. Milhaupt (1)
- Cynthia Grant Bowman (1)
- Danaya C. Wright (1)
- Deepa Badrinarayana (1)
- Don Peters (1)
- Dorit R. Reiss (1)
- Eveylon CW Mack (1)
- Francky Lukanda (1)
- George A. Hay (1)
- Henrry Paredes Sánchez (1)
- Jack Tsen-Ta LEE (1)
Articles 1 - 30 of 81
Full-Text Articles in Law
Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles
Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles
Annelise Riles
In the wake of the disasters of March 2011, financial regulators and financial-risk management experts in Japan expressed little hope that much could be done nor did they take great interest in defining possible policy interventions. This curious response to regulatory crisis coincided with a new fascination with culturalist explanations of financial markets, on the one hand, and a resort to what I term “data politics”—a politics of intensified data collection—on the other. In this article, I analyze these developments as being exemplary of a new regulatory moment characterized by a loss of faith in both free market regulation and …
Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles
Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles
Annelise Riles
.
The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles
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
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 …
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Aziz Rana
No abstract provided.
What Future Democracy?, Aziz Rana
What Future Democracy?, Aziz Rana
Aziz Rana
The threat posed by Aids to the development of democracy in Africa plays no part in current discussions of the impact of the disease.
Mineral Taxation In Zambia, Muna Ndulo
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Jens David Ohlin
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …
The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin
The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin
Jens David Ohlin
No abstract provided.
Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser
Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser
Mitchel Lasser
The French legal system, according to its official pronouncements, functions on a rigid conception of the interpretive and creative role of the civil, private law judge. This conception may be thought of as an "official portrait": It is an image or representation of the judge and of the nature of the judicial role. The official portrait, which represents an interpretive ideology that posits a perfectly grammatical mode of reading the legal code, has been the source of much confusion, especially to common lawyers. This portrait's predominance in the French legal system, and its effect on French judicial practice, has never …
Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser
Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser
Mitchel Lasser
No abstract provided.
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Mitchel Lasser
No abstract provided.
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
Mitchel Lasser
The formalism/policy dichotomy has structured American jurisprudential analyses of judicial decisionmaking for most of the twentieth century. In this Article, Professor Lasser analyzes and compares American multi-part judicial tests and French civil judicial discourse to demonstrate that the dichotomy reflects and informs the ways in which judicial decisions are written. Drawing on the works of Roman Jakobson, Roland Barthes, and Paul de Man, he constructs a literary methodology to analyze American and French judicial discourse. Professor Lasser contends that the formalism/policy dichotomy is part of a larger process by which the American and French judicial systems justify how they produce …
Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser
Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser
Mitchel Lasser
No abstract provided.
The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon
The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon
George A. Hay
The privatisation and restructuring of public monopolies and the deregulation of other essential services in Australia and other countries have focused attention on the need for rules which can foster competition and efficiency in the resulting markets. Australia, of course, already has the Trade Practices Act 1974 (Cth) (the "Act"), and the question that has been raised is whether the Act is adequate to deal with the kind of competitive problems that are likely to arise in such markets. Of particular concern is the situation in which a firm controls the supply of an input that is critical in the …
Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont
Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont
Kevin M. Clermont
No abstract provided.
A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin
A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin
Kevin M. Clermont
In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. In contrast, the prevailing standard of proof for civil cases in civil-law systems is indistinguishable from the standard for criminal cases: the judge must be firmly convinced that the facts alleged are true. This striking difference in common-law and civil-law procedures has received very little attention from either civilian or comparative scholars. The preponderance standard applied in common-law systems is openly probabilistic and produces, on average, …
Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman
Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
The Publicness Of Private Land Use Controls, Gregory S. Alexander
The Publicness Of Private Land Use Controls, Gregory S. Alexander
Gregory S Alexander
Real burdens, or land-use "servitudes" as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, …
A Contribuição Da Doutrina Na Jurisdição Constitucional Portuguesa E Brasileira, Teresa M. G. Da Cunha Lopes
A Contribuição Da Doutrina Na Jurisdição Constitucional Portuguesa E Brasileira, Teresa M. G. Da Cunha Lopes
Teresa M. G. Da Cunha Lopes
O presente livro pretende fazer um estudo interformantes, com o fim de verificar se a jurisprudência das Cortes Constitucionais e Supremas resulta explicitamente permeável ao formante doutrinário. Por outro lado, o objeto principal da investigação são as citações diretas da doutrina que utilizam os juízes na motivação das decisões.
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.
Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain
Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain
Claire Germain
The CISG (Convention on Contracts for the International Sale of Goods) has remarkably facilitated commercial transactions across boundaries and different legal systems. This article, to be published as a Book Chapter, discusses some possible difficulties caused by using different languages, or words which might be interpreted differently, and some solutions and ways to deal with these difficulties. Three kinds of issues have appeared: the first has to do with drafting issues, and the peculiar problem of the six official languages of the Convention. The second set of issues deals with the interpretation of the Convention and the so-called homeward trend. …
To Sue Is Human; To Settle Divine: Intercultural Collaborations To Expand The Use Of Mediation In Costa Rica, Donald C. Peters
To Sue Is Human; To Settle Divine: Intercultural Collaborations To Expand The Use Of Mediation In Costa Rica, Donald C. Peters
Don Peters
Virtually all societies have developed non-adjudicative methods to resolve disputes. Third party intervention to help resolve disputes consensually, typically called mediation or conciliation, occurs in all cultures throughout the world. It now occurs in Costa Rica only voluntarily and primarily in family, community, labor, agricultural, and trade contexts. Connecting mediation or conciliation to court systems provides a comparatively new use of third party interventions not involving adjudication through arbitration or litigation. This typically occurs by referring matters for mediation services provided by state-funded programs, private centers, and private mediators. Florida, the first American state to authorize courts to order mediation …
Whither Communism: A Comparative Perspective On Constitutionalism In A Postsocialist Cuba, Jon L. Mills, Daniel Ryan Koslosky
Whither Communism: A Comparative Perspective On Constitutionalism In A Postsocialist Cuba, Jon L. Mills, Daniel Ryan Koslosky
Jon L. Mills
For over fifty years, Cuba has been a source of high-spirited political and policy debates. Its history and geostrategic position make it unique in American diplomatic and socioeconomic history. Interest in the island has not waned with the collapse of Communism in Eastern Europe and the former Soviet Union. On the contrary, Raul Castro’s assumption of Government has led many to begin asking how and under what circumstances political liberalization and economic transformation may occur in Cuba. This article examines the possible constitutional outcomes of a Cuba transition and introduces a framework for analyzing both Cuban economic reforms and US …
Law And Development: The Way Forward Or Just Stuck In The Same Place?, D. Daniel Sokol
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.
China's Competition Policy Reforms: The Anti-Monopoly Law And Beyond, Bruce M. Owen, Su Sun, Wentong Zheng
China's Competition Policy Reforms: The Anti-Monopoly Law And Beyond, Bruce M. Owen, Su Sun, Wentong Zheng
Wentong Zheng
In August 2007, China adopted the Antimonopoly Law, its first comprehensive antitrust legislation, thirteen years after the drafting of the law began. Such a protracted legislative process is highly unusual in China, and can only be explained by the controversies the law presents. This paper discusses the fundamental issues in China’s economy that give rise to the challenges China faced in the drafting and adoption of the Antimonopoly Law. Those fundamental issues include the role of state-owned enterprises, perceived excessive competition, mergers and acquisitions by foreign companies, administrative monopolies, and the enforcement of the Antimonopoly Law. How China will enforce …
Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol
Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol
D. Daniel Sokol
The legal origins literature overlooks a key area of corporate governance-the governance of state-owned enterprises ("SOEs"). There are key theoretical differences between SOEs and publicly-traded corporations. In comparing the differences of both internal and external controls of SOEs, none of the existing legal origins allow for effective corporate governance monitoring. Because of the difficulties of undertaking a cross-country quantitative review of the governance of SOEs, this Article examines, through a series of case studies, SOE governance issues among postal providers. The examination of postal firms supports the larger theoretical claim about the weaknesses of SOE governance across legal origins. In …
Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol
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 …
Transplanting Antitrust In China: Economic Transition, Market Structure, And State Control, Wentong Zheng
Transplanting Antitrust In China: Economic Transition, Market Structure, And State Control, Wentong Zheng
Wentong Zheng
This Article examines the compatibility of Western antitrust models as incorporated in China's first comprehensive antitrust law – the Antimonopoly Law ("AML") – with China's local conditions. It identifies three forces that shape competition law and policy in China: China's current transitional stage, China's market structures, and pervasive state control in China's economy. This Article discusses how these forces have limited the applicability of Western antitrust models to China in three major areas of antitrust: cartels, abuse of dominant market position, and merger review. Specifically, it details how these forces have prevented China from pursuing a rigorous anti-cartel policy, how …