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Restitution In America: Why The U.S. Refuses To Join In The Global Restitution Party, Chaim Saiman Dec 2007

Restitution In America: Why The U.S. Refuses To Join In The Global Restitution Party, Chaim Saiman

Chaim Saiman

In the past generation, restitution law has emerged as global phenomenon. From its Oxbridge home restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In sharp contrast to the Commonwealth, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution is meager, at best. Similarly, while restitution, equity and tracing cases receive considerable treatment at the highest levels of the English judiciary, U.S. courts do not seem interested …


Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler Dec 2007

Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler

Thomas C. Kohler

No abstract provided.