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Full-Text Articles in Law
System Dynamics: Toward A Language Of Comparative Law, David J. Gerber
System Dynamics: Toward A Language Of Comparative Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson
Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …
The Common Core Approach To The European Private Law, Mauro Bussani, Ugo Mattei
The Common Core Approach To The European Private Law, Mauro Bussani, Ugo Mattei
Mauro Bussani
This paper discusses the aim, method, and organization of ‘The Common Core of European Private Law’ project, a scholarly initiative launched by the authors in 1994, and that at the moment this paper was written involved one hundred (and now more than two hundred) scholars, mostly from Europe and the United States. Part I describes both the immediate and the long-term goals of the Project. Part II discusses the methodological evolution that has taken place from Schlesinger's Cornell Project to the Common Core work, and tackles the main differences between the Common Core approach and other "integrative" projects taking place …
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Mauro Bussani
In the last decades, many research groups have been established to support—although through different means—the Europanization of private law. Some of these initiatives are, to use Schlesinger’s terminology, ‘integrative’, that is, they are engaged in ascertaining which solutions may best regulate legal problems in a common way. Other enterprises aim to deepen the knowledge and dialogue between European legal cultures. This is particularly the case with ‘The Common Core of European Private Law’ project, which was launched in 1994 by Ugo Mattei and the author of this article to develop a better knowledge of private law rules within the European …
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Mauro Bussani
The paper focuses on the widespread hetero-referentiality one can witness, especially in certain circuits, between jurists and philosophers: the former trying to base technical arguments on one or the other (most of the times: fashionable) philosophical trends; the latter theorizing about this or that use of a given legal notion – often referring to orientations by now obsolete, or which only partly, or vaguely grasp the law as it is. After examining the modes through which the legal debate selects the philosophical authorities able to serve as auxiliary sources of the jurist’s cultural legitimization, the essay analyzes the most remarkable …
Posner's Economic Approach To Comparative Law, William Ewald
Posner's Economic Approach To Comparative Law, William Ewald
All Faculty Scholarship
No abstract provided.
Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler
Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Foreign Notarial Legal Services Monopoly: Why Should We Care?, Pedro A. Malavet
The Foreign Notarial Legal Services Monopoly: Why Should We Care?, Pedro A. Malavet
Pedro A. Malavet
This piece serves three purposes: (1) briefly to take issue with the current treatment of comparative scholarship, especially how it is ignored by main law reviews; (2) to be a succinct introduction to the Latin Notary; and (3) to point out that the adversarial ethic and notarial impartiality can co-exist and even complement one another. It presents the notary as an example of a non-adversarial ethic, in a system that has other professionals who are ruled by the adversarial ethic. It does not advocate the abandonment of the adversarial ethic, but, rather, argues that in certain legal situations a non-adversarial …