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Articles 1 - 11 of 11
Full-Text Articles in Law
No Way To Deal With Slums, Bernadette Atuahene
No Way To Deal With Slums, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
The Common Core Of European Private Law: The Project And Its Books, David J. Gerber
The Common Core Of European Private Law: The Project And Its Books, David J. Gerber
All Faculty Scholarship
No abstract provided.
Fairness And Welfare From A Comparative Law Perspective, Horacio Spector
Fairness And Welfare From A Comparative Law Perspective, Horacio Spector
Chicago-Kent Law Review
This Article discusses the relative value of law and economics and moral philosophy to explain private law in both common law and civil law jurisdictions. It argues that the recent philosophical paradigm, which revolves around the ideas of fairness and autonomy, is intellectually continuous with the School of Rationalist Natural Law. Though this School has been directly influential on the development of civilian private law, its ascendancy on common law cannot be documented. Paradoxically, recent philosophical explanations of private law bear on common law, while legal philosophers in civil law jurisdictions still follow Kelsen's research agenda, which focuses on the …
Shielding Children: The European Way, Michael D. Birnhack, Jacob H. Rowbottom
Shielding Children: The European Way, Michael D. Birnhack, Jacob H. Rowbottom
Chicago-Kent Law Review
The Internet crosses physical borders, and carries with it both its promises and its harms to many different countries and societies. These countries thus share the same technology, but they do not necessarily share the same set of values or legal system. This Article compares the legal response in the United States and in Europe to one important issue: the exposure of children to certain materials, which are deemed harmful to them but not harmful to adults.
This US-European comparison, in which the experience in the United Kingdom serves as a leading example, illustrates the traits of various kinds of …
Legal Title To Land As An Intervention Against Urban Poverty In Developing Nations, Bernadette Atuahene
Legal Title To Land As An Intervention Against Urban Poverty In Developing Nations, Bernadette Atuahene
All Faculty Scholarship
One intervention intended to ameliorate poverty and its subsidiary effects is the distribution of legal title to land to poor urban dwellers, otherwise known as land titling. Given the billions of dollars that the World Bank, country-based development agencies, regional development banks, and developing countries themselves have spent on land titling programs, it has become one of the most important property law issues confronting the developing world. Several countries have undertaken comprehensive urban land titling programs to transform the dwellings of those who live in the squalor of squatter settlements into assets recognized by the formal sector. This Article accepts …
Authority Heuristics, David J. Gerber
Authority Heuristics, David J. Gerber
All Faculty Scholarship
Language plays two roles in acquiring knowledge of foreign law. One is obvious - it provides access to information. Language also performs, however, a second function that is less frequently acknowledged, but no less important: it shapes what we know. This knowledge-shaping (or "cognitive") role conditions all knowledge of foreign law, and it is seldom explored. This article focuses on one aspect of this cognitive role of language. It examines the ways in which assumptions about the authority of legal language shape and often fundamentally distort our knowledge of foreign law and foreign legal systems. My central claim is that …
Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber
Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber
All Faculty Scholarship
No abstract provided.
Constructing Competition Law In China: The Potential Value Of European And U.S. Experience, David J. Gerber
Constructing Competition Law In China: The Potential Value Of European And U.S. Experience, David J. Gerber
All Faculty Scholarship
No abstract provided.
Courts As Experts In European Merger Law, David J. Gerber
Courts As Experts In European Merger Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber
Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber
All Faculty Scholarship
No abstract provided.
Discussed In Federico Stella, The Vitality Of The Covering Law Model: Considerations On Wright And Mackie, Richard W. Wright
Discussed In Federico Stella, The Vitality Of The Covering Law Model: Considerations On Wright And Mackie, Richard W. Wright
All Faculty Scholarship
No abstract provided.