Innovation And The Role Of Public-Private Collaboration In Contract Governance: Governing Global Finance: Towards Contractual Governance,
2015
Columbia Law School
Innovation And The Role Of Public-Private Collaboration In Contract Governance: Governing Global Finance: Towards Contractual Governance, Katharina Pistor
Faculty Scholarship
The global financial crisis demonstrated the vulnerability, if not failure, of existing governance structures for financial markets. Even if it is true that financial crises cannot be avoided, there may be room for improving existing structures. This chapter suggests that such an improvement might lie in switching from exclusive, hierarchical, and coercive forms of governance to inclusive, horizontal, cooperative ones—and uses the shorthand ‘contractual governance’ for the latter. Starting from the presumption that new forms of governance are frequently born in crisis, the chapter analyses several responses to the crisis and asks whether they display features of alternative forms of …
Intellectual Property, Asian Philosophy And The Yin-Yang School,
2015
Texas A&M University School of Law
Intellectual Property, Asian Philosophy And The Yin-Yang School, Peter K. Yu
Faculty Scholarship
As an introduction to a special issue on intellectual property philosophy, this article focuses on insights from Asian thought. Such a focus is needed not only to provide balance within this special issue, which includes articles focusing primarily on Western philosophy, but also to highlight the compatibility between Asian philosophy and the notion of intellectual property rights. More importantly, this article aims to demonstrate that Asian philosophy may suggest new ways to address the ongoing and highly complex intellectual property challenges confronting emerging economies and the digital environment.
This article begins by providing a brief discussion of the many different …
Why Instrumentalism Matters,
2015
Benjamin N. Cardozo School of Law
Why Instrumentalism Matters, Kyron J. Huigens
Articles
Alon Harel argues that the acts of a public official acting with "fidelity of deference," are "necessary," "non-contingent," "intrinsic," "constitutive," integrative," "expressive," or "inherent" features of legal punishment. Accordingly, he calls his argument "noninstrumental." This can be taken as an argument for logical necessity, definition, extension, or modest or immodest conceptual necessity. Only the last interpretation fits Harel's text, but such an argument fails because instrumentality is necessarily present in any event in the natural world, including punishment. Harel does not say which aspects of natural instrumentality he means to exclude from his argument, or how, or why.
Unstable Constitutionalism,
2015
Harvard Law School
Unstable Constitutionalism, Mark Tushnet, Madhav Khosla
Faculty Scholarship
One of the most significant developments in the study of constitutional law in recent years has been the comparative turn in the field. Although debates continue over whether and how domestic courts should rely on (or even refer to) foreign law in domestic legal disputes, the appropriate methodology for comparative analyses, and the potential and limits of comparative constitutional studies, many scholars and practitioners – including well-known judges – no longer believe that the task of constitutional law is solely domestic in nature. Yet, despite the enthusiasm for comparative constitutional law and the emerging systematization of comparative work, the field …
Surveillance, Secrecy, And The Search For Meaningful Accountability,
2015
Western New England University School of Law
Surveillance, Secrecy, And The Search For Meaningful Accountability, Sudha Setty
Faculty Scholarship
One of the most intractable problems in the debate around maintaining the rule of law while combating the threat of terrorism is the question of secrecy and transparency. In peacetime, important tenets to the rule of law include transparency of the law, limits on government power, and consistency of the law as applied to individuals in the policy. Yet the post-9/11 decision-making by the Bush and Obama administrations is characterized with excessive secrecy that stymies most efforts to hold the government accountable for its abuses. Executive branch policy with regard to detention, interrogation, targeted killing and surveillance are kept secret, …
The United States, In Comparative Counter-Terrorism,
2015
Western New England University School of Law
The United States, In Comparative Counter-Terrorism, Sudha Setty
Faculty Scholarship
The United States, like all other democratic nations that have suffered terrorist attacks, continues to struggle with questions of how to keep its population safe while maintaining the principles of democracy and the rule of law. This Book Chapter discusses the United States' counterterrorism policies, particularly since the September 11 terrorist attacks, and the resulting changes in societal viewpoints, political agendas, and the legal authority to combat terrorism and threats of terrorism.
The government’s aggressive counterterrorism stance has influenced actions and policies outside the United States. The Author’s exploration of counterterrorism policies in the United States include: criminal law and …
Religiosity In Constitutions And The Status Of Minority Rights,
2014
Willamette University
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Cultural Encounters, Conflicts, and Resolutions
Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.
This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …
Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986.,
2014
University of Georgia School of Law
Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986., Richard J. Cummins
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Contract Law In The Ussr And The United States: History And General Concept. E. Allan Farnsworth And Victor P. Mozolin. Washington: International Law Institute In Cooperation With Parker School Of Foreign And Comparative Law, Columbia University School Of Law, 1987.,
2014
University of Georgia School of Law
Book Review: Contract Law In The Ussr And The United States: History And General Concept. E. Allan Farnsworth And Victor P. Mozolin. Washington: International Law Institute In Cooperation With Parker School Of Foreign And Comparative Law, Columbia University School Of Law, 1987., Michael Wells
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform,
2014
Yale University
Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat
Georgia Journal of International & Comparative Law
No abstract provided.
American And Other National Variations On The Theme Of International Commercial Arbitration,
2014
Tulane University School of Law
American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii--General Discussion,
2014
University of Georgia School of Law
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade In Services From The Japanese Viewpoint,
2014
University of Tokyo
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
Georgia Journal of International & Comparative Law
No abstract provided.
Perspective Of The Private Sector--Banking,
2014
Citicorp
Perspective Of The Private Sector--Banking, F. William Hawley
Georgia Journal of International & Comparative Law
No abstract provided.
Intellectual Property: Perspective Of The Developing World,
2014
ACP Group, Trade Cooperation Division
Intellectual Property: Perspective Of The Developing World, Peter Gakunu
Georgia Journal of International & Comparative Law
No abstract provided.
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment,
2014
University of Georgia School of Law
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman
Georgia Journal of International & Comparative Law
No abstract provided.
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings,
2014
University of Georgia School of Law
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart
Georgia Journal of International & Comparative Law
No abstract provided.
Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea,
2014
University of Georgia School of Law
Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon
Georgia Journal of International & Comparative Law
No abstract provided.
The Development Of A Global Market-Based Debt Strategy To Regulate Private Lending To Developing Countries,
2014
University of Georgia School of Law
The Development Of A Global Market-Based Debt Strategy To Regulate Private Lending To Developing Countries, Bradley K. Boyd
Georgia Journal of International & Comparative Law
No abstract provided.
Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention,
2014
Cole, Corette & Abrutyn
Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser
Georgia Journal of International & Comparative Law
No abstract provided.
