Law Commons^™

Dignity Takings In Communist Poland: Collectivization And Slave Soldiers, Ewa Kozerska, Piotr Stec

Chicago-Kent Law Review

Poland’s history in the 20th century could be a swell script of a movie. A country that had lost its independence in the 18th century regained it in 1918 only to fall prey to Nazi Germany twenty years later. After World War II Poland was under Communist rule that ended in 1989 with the fall of the Iron Curtain. In this paper we deal with dignity takings as defined by Professor Bernadette Atuahene that took place mostly in the early phase of the Communist era.

Creation of the Communist “brave new world” required total transformation of the society, sometimes referred …

Asia And Global Competition Law Convergence, David J. Gerber

All Faculty Scholarship

No abstract provided.

Method, Community And Comparative Law: An Encounter With Complexity Science, David J. Gerber

All Faculty Scholarship

Assume that you are attending a symposium on comparative law being held in conjunction with the annual meeting of the American Society for Comparative Law. Comparative law scholars from many universities are present, and a few legal practitioners are attending as well. One speaker begins as follows: “This talk will be about complex adaptive systems—the emerging science of complexity.” Based on experience in similar contexts, I would anticipate several common reactions among members of the audience. The most common might be “he’s in the wrong room.” Another set of reactions is likely to be “What? What’s that? Never heard of …

Property Rights & The Demands Of Transformation, Bernadette Atuahene

All Faculty Scholarship

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …

Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene

All Faculty Scholarship

In many states, past property theft is a volatile political issue that threatens to destabilize nascent democracies. How does a state avoid instability when past property theft causes a significant number of people to believe that the property distribution is illegitimate? To explore this question, I first define legitimacy relying on an empirical understanding of the concept. Second, I establish the relationship between inequality, illegitimate property distribution, and instability. Third, I describe the three ways a state can achieve stability when faced with an illegitimate property distribution: by using its coercive powers, by attempting to change people’s beliefs about the …

Constructing Competition Law In China: The Potential Value Of European And U.S. Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.

Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.

Comparative Reasoning And Judicial Review, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber

All Faculty Scholarship

No abstract provided.

Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber

All Faculty Scholarship

No abstract provided.

System Dynamics: Toward A Language Of Comparative Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

All Faculty Scholarship

No abstract provided.

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber

All Faculty Scholarship

No abstract provided.