DrolshammerJens & WeberRolf, Wie Das Recht Auf Reisen Geht (Stämpfli, 2019)

DrolshammerJens & WeberRolf, Wie Das Recht Auf Reisen Geht (Stämpfli, 2019)

LehaviAmnon, Property Law in a Globalizing World (Cambridge University Press, 2019)

AbstractIs your name “yours”? Are you free to choose a name for yourself? Does a name withstand border crossing and even the acquisition of new citizenships? In the common law world, the unequivocal answer is yes. However, in civil law, this answer is not so clear. While the global tendency over the last few decades has been towards relaxing the norms governing names, old traditions die hard, and in

AbstractHow do legal imagination, metaphors, and the “judicial frame” impact the degree of protection for free expression when the relevant (technological) playground is the world of bits? This Article analyzes the so-called judicial frame, focusing on legal disputes relating to freedom of expression on the Internet. The authors compare the European Court of Human Rights and the U.S. Supreme Court

If you want to know about Ole Lando, you can do no better than read his own memoir, “My Life as a Lawyer,” published in the Zeitschrift für Europäisches Privatrecht in 2002.11 There he sets out in characteristically short and pithy sentences the facts of his eighty years to that point, along with an account of the intellectual trajectory that saw him move from the deep study of international private

This Article examines how wealthy democratic states evade and avoid their international obligations towards refugees. The focus is on two strategies. The first is hyper-legalism—an overly formalistic bad-faith approach to interpreting international law. The second is obfuscation, which involves secrecy about what actions the government is taking and deliberate silence as to the purported legal justifications

AbstractLegal systems differ about the availability of specific performance as a remedy for breach of contract. While common law systems deny specific performance in all but exceptional cases, civil law systems generally award enforcement remedies subject to some exceptions. However, there is an ongoing debate about the extent to which the practice of litigants and courts actually reflects the doctrinal

We have the pleasure of introducing this sixty-eighth volume of the American Journal of Comparative Law. This volume will mark the seventh year of our tenure, a time during which the Journal has become a—rewarding and demanding—part of our daily routine.

AbstractThe European Union is undergoing a structural transformation—a regression from integration through law as an anti-hegemonic project of equal membership to a condition in which member state orders, under a transformed European Union law, gravitate around unequal relations of subordination. Alongside the surveillance mechanisms that constrain the member states to conform to the requirements of

This is the Twenty-Ninth Annual Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws, and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside the United States.This Survey covers cases decided by American state and federal appellate courts from January 1 to December

This paper is a review of Gerardo Pisarello’s book, Procesos Constituyentes: Caminos para la Ruptura Democratica. This book examines constitution-making as a global phenomenon, both from a historical and comparative perspective. The author of this paper proposes that a more decisive move from the descriptive to the normative would have been desirable, but concludes that Pisarello’s book should become

In the legal system of the premodern Middle East, the closest thing to an autonomous private organization was the Islamic waqf. This non-state institution inhibited political participation, collective action, and rule of law, among other indicators of democratization. It did so through several mechanisms. Its activities were essentially set by its founder, which limited its capacity to meet political

This bibliography covers private international law or conflict of laws in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and foreign-country judgments, extraterritoriality, arbitration and related topics. It includes books and law journal articles

American and Brazilian courts are traveling quite different paths regarding the question of racial justice. Race neutrality has become an influential interpretive approach in both jurisdictions, a perspective that articulates a depiction of these nations as culturally homogenous societies with the defense of liberal principles as a necessary requirement for social cohesion. Because of the representation

Colonization has created a unique opportunity to test the endurance of legal transplants. Using a sample of seven former French colonies in West Africa, we examine how much of the colonial penal code has been retained by modern countries. This is done using a computer program that matches each article from the colonial code to the article most similar to it in each contemporary code. This novel algorithmic

In recent years, many have come to consider the right to exclude as the Punctum Archimedis that the concept of property is based upon. In the present article, I seek to re-evaluate the relations between property and exclusivity from an unusual vantage point: a comparison between two deeply-rooted legal traditions – Anglo-American law and Jewish law. For this purpose, I analyze four fundamental doctrinal

This article advances the comparative constitutional literature by examining the exercise of remedial discretion in rights litigation. It compares how the Supreme Court of Canada and the Constitutional Court of South Africa remedy unconstitutional legislation under their respective, relatively new, bills of rights. It uses an internal legal approach and, rejecting universalism and convergence, it pays