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Producing Law For Innovation, Gillian K. Hadfield
Producing Law For Innovation, Gillian K. Hadfield
Gillian K Hadfield
In this chapter I first discuss why we need to think of legal infrastructure as economic infrastructure requiring focused economic policymaking, what is wrong with our existing legal infrastructure and why we need to change our modes of legal production. I then set out a vision of what greater reliance on market-based production of legal infrastructure could look like. Finally, I suggest some concrete steps that policymakers can take to move us toward a more open, competitive system of legal production. These include 1) opening up access to the provision of legal services, such as by establishing a federal licensing …
Producing Law For Innovation, Gillian K. Hadfield
Producing Law For Innovation, Gillian K. Hadfield
Gillian K Hadfield
In this contribution to the forthcoming Rules for Growth prepared by the Kauffman Task Force on Law, Innovation and Growth, I first discuss why we need to think of legal infrastructure as economic infrastructure requiring focused economic policymaking, what is wrong with our existing legal infrastructure and why we need to change our modes of legal production. I then set out a vision of what greater reliance on market-based production of legal infrastructure could look like. Finally, I suggest some concrete steps that policymakers can take to move us toward a more open, competitive system of legal production. These include …
Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Landscape For Ordinary Americans, Gillian K. Hadfield
Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Landscape For Ordinary Americans, Gillian K. Hadfield
Gillian K Hadfield
In this paper I review the small amount of available data on the extent to which ordinary individuals in the U.S. have access to legal resources to navigate the law-thick world that Robert Kagan has famously called ‘adversarial legalism—the American way of law.’ I present this data in comparative context, relating what (little) we know about the availability of law in the U.S. to what (little) we know about the availability of law in other advanced societies and in countries transitioning to legally-mediated market democracy. I review first a set of ‘legal needs’ surveys that ask households about their experiences …
The Public And The Private In The Provision Of Law For Global Transactions, Gillian K. Hadfield
The Public And The Private In The Provision Of Law For Global Transactions, Gillian K. Hadfield
Gillian K Hadfield
In this essay, I revisit the public/private divide in order to explore more fully the potential for private production of law in global exchange and also to clarify what I think are differences in the way common law and civil legal scholars think about the public and the private in law.