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Articles 1 - 11 of 11
Full-Text Articles in Law
An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei
An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei
Faculty Scholarship
No abstract provided.
Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman
Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman
Faculty Scholarship
One hundred days after taking office as Chief Executive of the Hong Kong Special Administrative Region (Hong Kong SAR) of the People's Republic of China, Tung Chee-hwa pledged both to take steps to improve Hong Kong's environment, and to increase coordination of environmental policy with officials in neighboring Guangdong Province. Tung's comments marked a rhetorical shift from environmental policy in British Hong Kong: eight years earlier, the Hong Kong government's first White Paper on environmental policy, Pollution in Hong Kong – A Time to Act, made only passing mention of China. Yet the White Paper was not alone in …
The Role Of Corporate Law In French Corporate Governance (Reprinted In The Legal Basis Of Corporate Governance In Publicly-Held Corporations: A Comparative Approach (A.R. Pinto & G. Visentini Eds. 1998)), James A. Fanto
Faculty Scholarship
No abstract provided.
Reflections In A Distant Mirror: Japanese Corporate Governance Through American Eyes, Ronald J. Gilson
Reflections In A Distant Mirror: Japanese Corporate Governance Through American Eyes, Ronald J. Gilson
Faculty Scholarship
For the last ten years, Japanese corporate governance has served as a distant mirror in whose reflection American academics could better see the attributes of their own system. As scholars came to recognize that the institutional characteristics of the American and Japanese systems were politically and historically contingent, other countries' approaches became serious objects of study, rather than just way stations on the road to convergence. One learned about one's own system from the choices made by others.
As it came to be conceived, the Japanese corporation of the 1980s represented quite a different method of organizing production. Styled the …
Comparative Law In The New European Community, George Bermann
Comparative Law In The New European Community, George Bermann
Faculty Scholarship
As a member and leader of America's immediate post-war generation of comparative lawyers, Rudolf Schlesinger viewed the then European Economic Community (Community) as an unprecedentedly important arena for the theory and practice of comparative law. He was right in doing so. As we know, the Community initially faced the prospect, among other things, of harmonizing the laws of six continental European countries, representing distinct branches of the European civil law tradition. Then, within a dozen years, the Community expanded to pick up members that stood on the outskirts of the European civil law tradition (Denmark) and squarely within the common …
Class Action Litigation In China, Benjamin L. Liebman
Class Action Litigation In China, Benjamin L. Liebman
Faculty Scholarship
Class struggle has moved to China's courtrooms. Since the passage of China's 1991 Civil Procedure Law (CPL), which explicitly permits class action litigation, multiplaintiff groups have brought suits seeking compensation for harm caused by pollution, false advertising, contract violations, and securities law violations. Although administrative bodies continue to resolve most disputes in China, the increasing prevalence of class actions is one aspect of an explosion in civil litigation over the past decade. Class action litigation has the potential to alter the role courts play in adjudicating disputes, increase access to the courts, and facilitate the independence of the legal profession. …
Introduction, Ugo Mattei
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
Faculty Scholarship
No abstract provided.
The Issue Of European Civil Codification And Legal Scholarship: Biases, Strategies And Developments, Ugo Mattei
The Issue Of European Civil Codification And Legal Scholarship: Biases, Strategies And Developments, Ugo Mattei
Faculty Scholarship
No abstract provided.
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Faculty Scholarship
No abstract provided.
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Faculty Scholarship
One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …