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The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield
The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield
Gillian K Hadfield
The problem of harmonizing legal rules across multiple overlapping legal orders is, in part, a problem of knowledge. If the public goal of harmonization is to promote value in transactions and dispute resolution, a legal regime needs institutions that facilitate the production of multijural human capital: expertise about how legal rules interact with each other and with the environment in which economic actors design transactions and dispute processing mechanisms. Because much of this expertise is embedded with the actors involved in transactions and disputes, the production of expertise has to be supported by adequate incentives for private actors to invest …
The Dynamic Quality Of Law: The Role Of Judicial Incentives And Legal Human Capital In The Adaptation Of Law, Gillian K. Hadfield
The Dynamic Quality Of Law: The Role Of Judicial Incentives And Legal Human Capital In The Adaptation Of Law, Gillian K. Hadfield
Gillian K Hadfield
Much of the existing literature investigating the relationship between legal regimes and economic growth focuses on the agency problem of aligning judicial incentives with social welfare. In this paper I look instead at the factors that influence the quality of law when judges have incentives to promote social welfare but they have limited knowledge about the environment in which law is to be applied. The key insight is that the capacity for a legal regime to generate value-enhancing legal adaptation to local and changing conditions depends on its capacity to generate and implement adequate expertise about the environment in which …
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.
The Strategy Of Methodology: The Virtues Of Being Reductionist For Comparative Law, Gillian K. Hadfield
The Strategy Of Methodology: The Virtues Of Being Reductionist For Comparative Law, Gillian K. Hadfield
Gillian K Hadfield
In this comment I respond to three comments by comparative legal scholars on my paper "Levers of Legal Design: Institutional Determinants of the Quality of Law." In this comment I respond to concerns about the potential for the reductionist methodology employed by economist to illuminate issues in comparative law, particularly in light of commitments in comparative legal scholarship to deep understanding of culture and respect for different legal systems.