Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2009

Discipline
Institution
Keyword
Publication
Publication Type

Articles 301 - 309 of 309

Full-Text Articles in Comparative and Foreign Law

The Second Wave Of Comparative Law And Economics?, Ralf Michaels Jan 2009

The Second Wave Of Comparative Law And Economics?, Ralf Michaels

Faculty Scholarship

Comment on a text by Gillian Hadfield, The Levers of Legal Design: Institutional Determinants of the Quality of Law, 36 Journal of Comparative Economics 43 (2008)

Go to article

The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty Jan 2009

The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty

Scholarly Articles

The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in International Law that began with NATO's 1999 intervention in Kosovo against Serbia. NATO's intervention called into question the authority and viability of U.N. Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt a further blow to the central post-War legal rules and institutions for controlling and mitigating Great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for …

Go to article

Pitfalls In Patenting Publicly Funded Research - Comments On Draft South African Regulations, Matthew Herder, Cynthia M. Ho Jan 2009

Pitfalls In Patenting Publicly Funded Research - Comments On Draft South African Regulations, Matthew Herder, Cynthia M. Ho

Articles, Book Chapters, & Popular Press

South Africa recently enacted legislation similar to the US. Bayh-Dole Act, which permits publicly funded institutions to obtain patent rights in hopes that the patent incentive will foster commercialization, as well as generate revenues to the funded institutions and scientists. While enacting analogs to Bayh-Dole seems presently in vogue, there are definitely concerned about the original legislation that have been voiced. When South Africa recently published proposed guidelines implementing its version of Bayh-Dole, it broadly opened up the opportunity for public comments. The attached paper discusses some of concerns, including problems with delaying timely knowledge dissemination and the need to …

Go to article

The Method And Role Of Comparative Law, Edward J. Eberle Jan 2009

The Method And Role Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Go to article

The Influence Of Marcus Tullius Cicero On Modern Legal And Political Ideas, Mortimer N.S. Sellers Jan 2009

The Influence Of Marcus Tullius Cicero On Modern Legal And Political Ideas, Mortimer N.S. Sellers

All Faculty Scholarship

Marcus Tullius Cicero is the father of modern law and politics. Cicero's influence was significant throughout subsequent European history, but never so much nor so directly as in the emergence of modernity and in the development of modern law and constitutional government. The early moderns became faithful apostles of Cicero's thought and ideals because their world and political circumstances were in many ways closer to those of Cicero than to those of any intervening centuries. The influence of Cicero's legal and political ideas on the modern world illustrates the decisive importance that the study of history can have on legal …

Go to article

Is Law An Economic Contest? French Reactions To The Doing Business World Bank Reports And Economic Analysis Of The Law, Anne-Julie Kerhuel, Bénédicte Fauvarque-Cosson Jan 2009

Is Law An Economic Contest? French Reactions To The Doing Business World Bank Reports And Economic Analysis Of The Law, Anne-Julie Kerhuel, Bénédicte Fauvarque-Cosson

Georgetown Law Faculty Publications and Other Works

The economic analysis of law has provoked strong reactions among French academics, in particular since 2004 when the first of the Doing Business reports was published. French jurists have joined forces to expose the methodological limits inherent to these reports, which rated France a long way behind other legal systems allegedly more able to facilitate business. In its first part, this article examines the various reactions to these reports, almost all of which were published in French only. In the second part, the focus is on the position of economic analysis in French law, its role, and, in particular, the …

Go to article

The Impact Of Sovereign Wealth Funds On The Regulation Of Foreign Direct Investment In Strategic Industries: A Comparative View, Maya Steinitz, Michael Ingrassia Jan 2009

The Impact Of Sovereign Wealth Funds On The Regulation Of Foreign Direct Investment In Strategic Industries: A Comparative View, Maya Steinitz, Michael Ingrassia

Faculty Scholarship

Investments by sovereign wealth funds ('SWFs') - pools of capital accumulated by and under the control of sovereign states, mostly from the Persian Gulf and East Asia - in European and North American companies have changed dramatically both in scope and in nature in the last few years. In terms of scope, SWFs are estimated to currently control USD$2-3 trillion in assets - more than all hedge funds and private equity funds combined - and within the next five years, they are expected to direct USD$6-10 trillion in assets.' In terms of the nature of the investments made, these funds …

Go to article

The Exceptional Nature Of Terrorism: The United States And Middle Eastern Legal Systems, Wadie E. Said Jan 2009

The Exceptional Nature Of Terrorism: The United States And Middle Eastern Legal Systems, Wadie E. Said

Publications

No abstract provided.

Go to article

Foreword: The Bernstein Memorial Lecture, The First Six Years, Ralf Michaels Jan 2009

Foreword: The Bernstein Memorial Lecture, The First Six Years, Ralf Michaels

Faculty Scholarship

In the spring of 2009, the Duke Law Center for International & Comparative Law launched an occasional paper series - CICLOPs. Prof. Michaels' foreword to the inaugural issue describes the project and the articles included in this issue that comprise the first six lectures in The Herbert L. Bernstein Memorial Lecture in Comparative Law.

Go to article

First Prev