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Administrative Procedure Acts in Europe: An Emerging “Common Core”? Am. J. Comp. Law (IF 1.3) Pub Date : 2024-08-09 Giacinto Della Cananea, Leonardo Parona
This Article concerns the legislative regulation of administrative procedure in Europe. Two main themes are discussed. The first is the spread of administrative procedure legislation. The vast majority of the member states of the European Union, though not all, have adopted some type of code of administrative procedure. Arguably, this constitutes a significant change in the pattern of modern administrative
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Strategic Judicial Empowerment Am. J. Comp. Law (IF 1.3) Pub Date : 2024-06-14 Yvonne Tew
When courts seek to strengthen their own institutional power, they often need to be strategic. In many fraught political contexts, judiciaries lack a history of asserting authority against powerful political actors. How can courts with fragile authority establish and enhance judicial power? This Article explores the phenomenon of strategic judicial empowerment, offering an account of how and when courts
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The War Within Religion: Towards a More Nuanced Resolution of Religion–Equality Conflicts Am. J. Comp. Law (IF 1.3) Pub Date : 2024-05-14 Netta Barak-Corren
In the United States, Canada, Israel, Australia, and many parts of Europe, conflicts between religious liberty and gender equality (including LGBTQ equality) are understood and analyzed as “culture wars.” This view has shaped the sociolegal understanding of the conflict—how the legal community makes sense of cases and interprets their social significance—and has narrowed the perceived scope of legal
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Formal vs. Informal Voluntary Disclosure Policies Am. J. Comp. Law (IF 1.3) Pub Date : 2024-05-14 Noam Noked, Viktoria Wöhrer, Pierce Lai
Tax administrations have long grappled with the question of how noncompliant taxpayers should be allowed to correct their tax affairs voluntarily. While many jurisdictions have adopted various voluntary disclosure programs, several countries—including some of the world’s largest economies—have not done so. This Article examines the voluntary disclosure practices in twenty-five countries that do not
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Sovereignty, Territoriality, and Private International Law in Classical Muslim International Law Am. J. Comp. Law (IF 1.3) Pub Date : 2024-04-06 Mohammad Fadel
Scholars in recent years have shown interest in challenging the historical origins of international law and its normative claims to universality. This Article challenges the prevailing conceptions of Islamic international law (al-siyar), first set out in English-language scholarship by Majid Khadduri, as primarily an ad-hoc response to the failed aspiration of a universal Muslim commonwealth. It shows
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Beyond Transplant: A Network Innovation Model of Transnational Regulatory Change Am. J. Comp. Law (IF 1.3) Pub Date : 2024-02-21 Virginia Harper Ho
Seeking inspiration from different legal systems in order to solve common policy problems is a core enterprise of comparative law. However, dominant understandings in comparative law and regulatory theory about how norms, rules, and formal institutions move across borders are increasingly inadequate in the face of modern transnational policy challenges. Solving transnational problems requires regulatory
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The Irony of British Human Rights Exceptionalism, 1948–1998 Am. J. Comp. Law (IF 1.3) Pub Date : 2024-01-27 Jeffrey Kahn
Assessments of London’s relationship with Strasbourg tend to highlight recent discontent about perceived infringements of parliamentary sovereignty by the European Court of Human Rights. The British criticism is, in short, that this is not what we signed up for. But this complaint is not new. This Article argues against understanding this story as one in which this relationship only recently soured
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Are Political “Attacks” on the Judiciary Ever Justifiable? The Relationship Between Unfair Criticism and Public Accountability Am. J. Comp. Law (IF 1.3) Pub Date : 2023-12-12 Scott Stephenson
Political “attacks” on the judiciary are a well-known threat to constitutional democracy. Criticism of the judiciary by politicians is often said to constitute one form of attack when it is unfair in the sense that it is not relevant to the judiciary’s constitutional role and/or not respectful. Unfair criticism is frequently claimed to be unacceptable on the basis that it threatens judicial independence
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Is Neutrality Possible? A Critique of the CJEU on Headscarves in the Workplace from a Comparative Perspective Am. J. Comp. Law (IF 1.3) Pub Date : 2023-11-07 Ioanna Tourkochoriti
This Article discusses critically and from a comparative perspective the idea of neutrality mentioned in the two recent decisions of the Court of Justice of the European Union (CJEU) on headscarves in the workplace. The decisions indicate a trend common in many European states that shows little willingness to accommodate for the manifestation of religion in the public sphere. This Article discusses
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Toward an Account of the Nineteenth-Century Emergence of the Comparative Accusatorial/Inquisitorial Divide Am. J. Comp. Law (IF 1.3) Pub Date : 2023-08-29 Amalia D Kessler
Although the terms “inquisitorial” and “accusatorial” (or as those in the common law world prefer, “adversarial”) are fixtures of the comparative literature on procedure, there remains considerable disagreement regarding their definitions and indeed whether to continue using them at all. Yet, despite these debates, we know remarkably little about how the terms first emerged as central to comparative
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The Myth of Transnational Public Policy in International Arbitration Am. J. Comp. Law (IF 1.3) Pub Date : 2023-08-11 Jan Kleinheisterkamp
This Article traces the concept of transnational public policy as developed in the context of international arbitration at the intersection between legal theory and practice. The emergence of such a transnational public policy, it is claimed, would enable arbitrators to safeguard and ultimately to define the public interests that need to be protected in a globalized economy, irrespective of national
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Death Penalty Abolitionism from the Enlightenment to Modernity Am. J. Comp. Law (IF 1.3) Pub Date : 2023-07-20 Mugambi Jouet
The modern movement to abolish the death penalty in the United States stresses that this punishment cannot be applied fairly and effectively. The movement does not emphasize that killing prisoners is inhumane per se. Its focus is almost exclusively on administrative, procedural, and utilitarian issues, such as recurrent exonerations of innocents, incorrigible racial discrimination, endemic arbitrariness
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The Womb Monologues: Toward A Mizrahi Feminist Theory of Israeli Law Am. J. Comp. Law (IF 1.3) Pub Date : 2023-07-11 Karin Carmit Yefet
Israeli legal feminists have largely overlooked the constitutive theoretical developments that introduced the “third wave” to global feminism. Drawing on the critical insights of black and postcolonial feminist discourse, this Article introduces Mizrahi feminism to Israeli jurisprudence. It aims to lay the groundwork for a new theoretical school of critical legal scholarship in Israel and expose the
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Animal Warfare Law and the Need for an Animal Law of Peace: A Comparative Reconstruction Am. J. Comp. Law (IF 1.3) Pub Date : 2023-06-22 Saskia Stucki
This Article puts forward a novel analogy between animal welfare law and international humanitarian law—two seemingly unrelated bodies of law that are both marked by the aporia of humanizing the inhumane. Through the comparative lens of the international laws of war and peace, this Article argues that existing animal welfare law is best understood as a kind of warfare law that regulates violent activities
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The Historical Origins of the Horizontal Effect Problem in the United States and Japan: How the Reach of Constitutional Rights into the Private Sphere Became a Problem Am. J. Comp. Law (IF 1.3) Pub Date : 2023-06-16 Jun Shimizu
This Article examines the historical origins of the horizontal effect problem in the United States and Japan. In the United States, from the founding era to the nineteenth century, jurists considered common law rights and constitutional rights had the same scope. Lawyers in the nineteenth century considered that the Due Process Clauses protected common law rights, which originally developed in private
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Pejorative Assertions, Human Rights Evaluation, and European Veiling Laws Am. J. Comp. Law (IF 1.3) Pub Date : 2023-06-12 Neville Cox
An increasing number of European states have, since 2009, passed laws restricting or prohibiting the practice of Islamic veiling. These laws have been challenged both before the European Court of Human Rights and the United Nations Human Rights Committee. In the former context, these laws have invariably been upheld whereas in the latter, they have always been deemed to be incompatible with the right
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Redefining the Rule of Law: An Eighteenth-Century Case Study Am. J. Comp. Law (IF 1.3) Pub Date : 2023-04-21 Christian R Burset
Scholars who write about the relationship between law and empire tend to adopt one of two frameworks. The first describes imperial rule and the rule of law as fundamentally incompatible. The second praises empires—especially the British Empire—for exporting the rule of law to lands that lacked it. These competing approaches have very different political valences, but they agree in suggesting that colonial
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Chemical Pollution and Regulatory Choices at the Start of Industrialization: Comparing France and Great Britain Am. J. Comp. Law (IF 1.3) Pub Date : 2023-04-04 Noga Morag-Levine
In both Britain and France, pollution from emergent chemical manufacturing during the early industrial era presented a choice between two regulatory approaches. One option, consistent with longstanding restrictions in both countries on the location of malodorous trades, insisted on the separation of chemical plants from (upper-class) residences. The alternative approach allowed polluting firms to operate
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The Importance of Being First: Economic and Non-economic Dimensions of Inventorship in American and German Law Am. J. Comp. Law (IF 1.3) Pub Date : 2023-02-22 Katya Assaf, Lisa Herzog
This Article examines the right to be acknowledged as the first inventor of a new technology in patent law. Technological inventions usually result from cumulative research and development, and several people sometimes arrive at the same invention almost simultaneously. However, only one person is usually considered to be the “inventor,” and receives all the credit and honor. This Article focuses on
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Differences in a Minor Archive: Feminist Activists and Scholars on Cohabitation Am. J. Comp. Law (IF 1.3) Pub Date : 2022-12-30 Robert Leckey
In an act of minor comparativism, this Article studies feminist writings on unmarried cohabitation from Canada’s jurisdictions of the common law and civil law. It examines activist texts and legal scholarship for and against regulating cohabitants. Reading the English-language literature from the common law provinces and the French-language literature from Quebec, it reports differences in substance
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Corporate Law and Political Economy in a Kleptocracy Am. J. Comp. Law (IF 1.3) Pub Date : 2022-12-27 Vivien Chen
Described by the U.S. Attorney General as “kleptocracy at its worst,” 1MDB, a Malaysian state-owned company, was a vehicle for theft of billions by the former prime minister for nine years. Malaysian corporate law is largely aligned with international standards, raising questions as to why it failed to effectively safeguard against the expropriation of corporate property. The Article investigates empirical
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Deciding Between Contradicting Norms: Rights-Based Law vs. Duty-Based Law and Their Social Ramifications Am. J. Comp. Law (IF 1.3) Pub Date : 2022-12-08 Benjamin Porat
The concept of rights stands at the very center of our legal universe. An imaginary alternative legal universe might have similar legal norms to ours, except that they are centered on the concept of duty. Is there any significant difference between these two legal universes? The Hohfeldian assumption of complete correlativity between rights and duties might imply that the difference between these two
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The Jurisdictional Vacuum: Transnational Corporate Human Rights Claims in Common Law Home States Am. J. Comp. Law (IF 1.3) Pub Date : 2022-10-25 Hassan M Ahmad
Private MNCs that operate in developing host states through overseas subsidiaries are regularly accused of human rights and environmental violations. Host state plaintiffs who then seek redress in home states where a corporate parent is domiciled face a number of doctrinal limitations. Focusing on the United States, the United Kingdom, and Canada, this Article outlines the current state of common law
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Comment ça va? The Status of French Laws in Vanuatu Am. J. Comp. Law (IF 1.3) Pub Date : 2022-10-25 Jennifer Corrin
Prior to Vanuatu’s independence in 1980, in the absence of applicable joint regulations, French law applied to French citizens and English law applied to British citizens. Members of the indigenous population were governed by a different regime. Subjects of other countries were required to “opt” for either the French or the English legal system within one month of arrival. At independence, French and
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A Legal and Political Assessment of Challenges to Abortion Laws by Anti-choice Activists in Australia and the Progression of Abortion Law in Australia and the United States Am. J. Comp. Law (IF 1.3) Pub Date : 2022-08-29 Anne O’Rourke
Historically, in Australia the issue of abortion had not attracted the violent protests that are frequently part of the American political landscape. Nor had it featured prominently in parliamentary debates. This began to change in 2004 when the issue was put on the political agenda by a small but vocal group of conservative members of the Federal Parliament. It also emerged as an issue at the state
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Using Criminal Law to Fight Corruption: The Potential, Risks, and Limitations of Operation Car Wash (Lava Jato) Am. J. Comp. Law (IF 1.3) Pub Date : 2022-05-21 Mariana Mota Prado, Marta R De Assis Machado
The Brazilian case of Lava Jato started with a scandal involving the massive malfeasance of corporate and political elites in relation to the state-run oil company Petrobras. The scope of the corruption was unprecedented. Politicians and Petrobras employees received hundreds of millions (if not billions) of dollars in kickbacks between 2004 and 2012. This Article focuses on the innovations promoted
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Courts, Constitutionalism, and State Capacity: A Preliminary Inquiry Am. J. Comp. Law (IF 1.3) Pub Date : 2022-05-21 Madhav Khosla, Mark Tushnet
Modern constitutional theory deals almost exclusively with the mechanisms for controlling the exercise of public power. In particular, the focus of constitutional scholars lies in explaining and justifying how courts can effectively keep the exercise of public power within bounds. But there is little point in worrying about the excesses of government power when the government lacks the capacity to
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Comparative Law and Economics: Aspirations and Hard Realities Am. J. Comp. Law (IF 1.3) Pub Date : 2022-05-21 Nuno Garoupa, Thomas S Ulen
The fields of comparative law and law and economics have not had a happy or productive relationship. There are recent notable exceptions, such as comparative corporate governance, comparative constitutional law, and comparative competition law, but we are surprised by that limited cross-fertilization, given that so many other areas of law have found concepts from law and economics helpful and, in some
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Buddhist Rules About Rules: Procedure and Process in the (Theravāda) Buddhist Legal System Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-29 Benjamin Schonthal
This Article examines rules of procedure and process that structure the Buddhist legal system in the Theravāda tradition, the dominant tradition of Buddhism in South and Southeast Asia. Drawing on important Buddhist texts written in Pāli as well as evidence from monastic legal practices in contemporary Sri Lanka, it argues that one can find within the Theravāda tradition a robust body of what H.L.A
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Luís Roberto Barroso’s Theory of Constitutional Adjudication: A Philosophical Reply Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-29 Thomas Bustamante, Emílio Peluso Neder Meyer, Evanilda De Godoi Bustamante
Luís Roberto Barroso is one of the most influential legal scholars in Latin America. In this Article, we challenge his theory of constitutional legitimacy. Barroso believes that the legitimacy of constitutional adjudication stems from three different roles performed by constitutional courts. First, courts play a counter-majoritarian role; second, they have also a “representative role.” Although judges
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Judging as Crime: A Transatlantic Perspective on Criminalizing Excesses of Judicial Discretion Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-17 David J Stute
Abstract Drawing on over a century and a half of Germany’s experience with a statute that criminalizes (mis)judging, this Article seeks to substantiate that criminal penalties for judges were largely ineffectual, and that courts proved ill-suited to police themselves even with a judiciary-specific criminal statute in place. To reach this conclusion, this post hoc longitudinal study examines German
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Judging as Crime: A Transatlantic Perspective on Criminalizing Excesses of Judicial Discretion Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-17 David J Stute
Abstract Drawing on over a century and a half of Germany’s experience with a statute that criminalizes (mis)judging, this Article seeks to substantiate that criminal penalties for judges were largely ineffectual, and that courts proved ill-suited to police themselves even with a judiciary-specific criminal statute in place. To reach this conclusion, this post hoc longitudinal study examines German
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The Purposive Transformation of Corporate Law Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-16 David Kershaw,Edmund Schuster
Abstract What is the purpose of a corporation? This fundamental question is as old as corporate law itself, and traditionally it is asked with reference to the ultimate beneficiaries of a corporation’s activities. Modern management theory and the current technology-driven transformation of the economy, however, have breathed new life into the question about corporate purpose. Here, purpose is understood
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Proportionality in the Age of Populism Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-16 Moshe Cohen-Eliya,Iddo Porat
Abstract The European-based proportionality doctrine seems to be in vogue in American constitutional scholarship. Recently, the Harvard Law Review has devoted its Foreword by Jamal Greene, to this doctrine. In a provocative and bold article, titled “Rights as Trumps?,” Greene argued that proportionality analysis should be openly adopted in the United States as a more sophisticated and up-to-date doctrine
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Proportionality in the Age of Populism Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-16 Moshe Cohen-Eliya,Iddo Porat
Abstract The European-based proportionality doctrine seems to be in vogue in American constitutional scholarship. Recently, the Harvard Law Review has devoted its Foreword by Jamal Greene, to this doctrine. In a provocative and bold article, titled “Rights as Trumps?,” Greene argued that proportionality analysis should be openly adopted in the United States as a more sophisticated and up-to-date doctrine
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The Purposive Transformation of Corporate Law Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-16 David Kershaw,Edmund Schuster
Abstract What is the purpose of a corporation? This fundamental question is as old as corporate law itself, and traditionally it is asked with reference to the ultimate beneficiaries of a corporation’s activities. Modern management theory and the current technology-driven transformation of the economy, however, have breathed new life into the question about corporate purpose. Here, purpose is understood
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Understanding the Psychology of Social Order Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-16 Tom Tyler
Abstract Looking across different societies it is clear that there have been many viable systems for managing social order. Each system has particular strengths and weaknesses and its utility depends upon its compatibility to the features of the society within which it exists. This suggestion is supported by empirical research showing that rewards and punishments, social norms, moral values, and legitimacy-based
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The Role of Comparative Law in the Analysis of Judicial Behavior Am. J. Comp. Law (IF 1.3) Pub Date : 2022-03-16 Lee Epstein,Urška Šadl,Keren Weinshall
Abstract Comparing and contextualizing what judges say about the law is the job of comparative legal analysis. Studying internal and external forces that explain the judges’ choices and their societal effects is the core domain of the comparative study of judicial behavior. Although walls may seem to separate these two projects in terms of their theoretical approaches and methods, the barriers—and
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The Role of Comparative Law in Political Science Am. J. Comp. Law (IF 1.3) Pub Date : 2022-02-24 Lydia Brashear Tiede
Comparing laws cross-nationally elucidates how they restrain political and societal actors and how actors may use law instrumentally to reach their goals. The Article analyzes the extant use of comparative law in political science and describes areas where a more in-depth comparative study of law may enhance understandings of how law shapes politics, particularly in the areas of governance, judicial
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Challenges in the Interdisciplinary Use of Comparative Law Am. J. Comp. Law (IF 1.3) Pub Date : 2022-02-18 Christoph Engel
The world has more than 200 states. Many states are federations and hence consist of multiple jurisdictions. Seemingly there is thus ample room for a social science approach to comparative law. In this perspective, each legal order produces a data point. Variance in the solutions adopted by different legal orders is used as evidence that a certain legal design causes greater justice, better political
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The Role of Comparative Law in the Social Sciences: An Introduction† Am. J. Comp. Law (IF 1.3) Pub Date : 2022-02-16 Parisi F, Ginsburg T.
Comparative law is undergoing a rapid evolution, particularly when compared to the descriptive methodology that characterized the field prior to the 1950s. Beginning around that time, comparative law scholars began to embrace more analytical approaches in their studies, and as a result drew novel conclusions about causes and consequences of legal rules. In moving beyond mere description, comparativists
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European Constitutional Courts and Transitions to Democracy Am. J. Comp. Law (IF 1.3) Pub Date : 2022-02-12 Botelho C.
BiagiFrancesco, European Constitutional Courts and Transitions to Democracy (Cambridge University Press, 2020)
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Relational Sociology and Comparative Law Am. J. Comp. Law (IF 1.3) Pub Date : 2022-02-12 Joseph A Conti
Relational sociology, or the idea that relationships are the starting point for empirical research, offers comparative law distinctive analytical frameworks, heuristics, and methods. This Article proposes that these could advance traditional goals of comparative law by reconceiving fundamental categories of law, state, and society in relational terms while broadening the scope of useful comparison
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Pau Bossacoma, Morality and Legality of Secession: A Theory of National Self-Determination Am. J. Comp. Law (IF 1.3) Pub Date : 2022-02-04 Bofill H.
Pau Bossacoma, Morality and Legality of Secession: A Theory of National Self-Determination (Palgrave Macmillan, 2020)
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India’s Founding Moment: The Constitution of a Most Surprising Democracy Am. J. Comp. Law (IF 1.3) Pub Date : 2022-01-25 Kadambi R.
KhoslaMadhav , India’s Founding Moment: The Constitution of a Most Surprising Democracy (Harvard University Press, 2020)
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Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution’s Local and International Influence Am. J. Comp. Law (IF 1.3) Pub Date : 2021-11-08 Brian Ray
Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution’s Local and International Influence (DixonRosalind & RouxTheunis eds., Cambridge University Press, 2018)
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Editors’ Note Am. J. Comp. Law (IF 1.3) Pub Date : 2021-10-19 Dedek H, Werro F.
We have the pleasure of introducing this sixty-eighth volume of the American Journal of Comparative Law. This volume marks the eighth year of our tenure. Probably because we agree on the essentials, the heavy workload has not lessened our enthusiasm.
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Choice of Law in the American Courts in 2020: Thirty-Fourth Annual Survey Am. J. Comp. Law (IF 1.3) Pub Date : 2021-08-19 Symeon C Symeonides
This is the Thirty-Fourth Annual Survey of American Choice-of-Law Cases.1 It is written at the request of the Association of American Law Schools (AALS) Section on Conflict of Laws,2 and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States.3 Its purpose remains the same as it has been from the beginning: to inform, rather than to
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Comparing Islamic and International Laws of War: Orthodoxy, “Heresy,” and Secularization in the Category of Civilians Am. J. Comp. Law (IF 1.3) Pub Date : 2021-07-30 Lena Salaymeh
This Article investigates how contemporary laws of war rationalize civilian deaths. I concentrate on two specific legal constructions in warfare: the definition of civilian/combatant and the principle of distinction. (The categories of civilian and combatant should be understood as dialogically constitutive and not entirely distinct. In addition, the category of “civilian” is a modern one and premodern
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A Colonial Legal Laboratory? Jurisprudential Innovation in British India Am. J. Comp. Law (IF 1.3) Pub Date : 2021-07-10 Assaf Likhovski
In this Article, I examine jurisprudence textbooks and related works written in British India in the late nineteenth and early twentieth centuries. Some of the jurisprudential works from India were not merely summaries of the leading English books, but were different from English works in three senses. First, the gap between English theories and Indian legal realities led some authors to question key
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Index for Volume 68 Am. J. Comp. Law (IF 1.3) Pub Date : 2021-06-10
The American Journal of COMPARATIVE LAW
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A Tale of Two Countries: Divorce in England and Prussia, 1670–1794 Am. J. Comp. Law (IF 1.3) Pub Date : 2021-06-04 Saskia Lettmaier
Why did two leading European countries (Prussia and England), which at first sight appeared to have much in common, enact radically different divorce legislation during the eighteenth century? This Article takes a close look at each country’s reforms, their legislative history, and their likely effects in an effort to tease out what motives lay behind them. And by connecting the legal changes to the
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A Bottom-up View of Legal Transplants Am. J. Comp. Law (IF 1.3) Pub Date : 2021-02-26 Reimann M.
DrolshammerJens & WeberRolf, Wie Das Recht Auf Reisen Geht (Stämpfli, 2019)
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The Question of Comparison Am. J. Comp. Law (IF 1.3) Pub Date : 2021-04-22 Ida Petretta
Comparison is a key component of legal reasoning. We move merrily from like to like within the doctrine of precedent. We invoke comparison whenever we distinguish or apply a case. This Article begins by elucidating how comparison is present in law. The Article shows how law cannot function without comparison, and how the legal world skips over the central role comparison plays in these matters. The
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Private International Law Bibliography 2020: U.S. and Foreign Sources in English Am. J. Comp. Law (IF 1.3) Pub Date : 2021-04-17 Symeon C Symeonides
Abou-Nigm, V.R., McCall-Smith, K. & French, D. (eds.), Linkages and Boundaries in Private and Public International Law (2020).
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Constitutional Transition and the Travail of Judges: The Courts of South Korea Am. J. Comp. Law (IF 1.3) Pub Date : 2021-04-17 John Ohnesorge
Seong-Hak KimMarie, Constitutional Transition and the Travail of Judges: The Courts of South Korea (Cambridge University Press, 2019)
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Democratic Backsliding, Subsidized Speech, and the New Majoritarian Entrenchment Am. J. Comp. Law (IF 1.3) Pub Date : 2021-04-09 Adam Shinar
This Article argues that democratic backsliding is operationalized through selective government funding of private speech. Subsidized speech can leverage the government’s voice while silencing or diminishing voices that seek to challenge the government’s message or create the background conditions for critical faculties. This leveraging, in turn, serves to entrench the power of the political majority
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A Symposium on Richard Albert’s Constitutional AmendmentsConstitutional Amendment, Unamendability, and the Democratic Paradox Am. J. Comp. Law (IF 1.3) Pub Date : 2021-03-23 Tourkochoriti I.
Richard Albert has written a very interesting book discussing various methods of constitutional amendment, which offers a sophisticated multilevel analysis of the topic. Albert draws from comparative, doctrinal, historical, and theoretical perspectives to show how constitutions structure their amendment rules and to explain when amendment is appropriate and when it is not. He discusses how amendment
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From Local to Global on Multiple Pathways Am. J. Comp. Law (IF 1.3) Pub Date : 2021-01-09 von Schütz K.
LehaviAmnon, Property Law in a Globalizing World (Cambridge University Press, 2019)
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A Symposium on Richard Albert’s Constitutional AmendmentsDismemberment or Amendment? Am. J. Comp. Law (IF 1.3) Pub Date : 2021-02-19 Ray B.
“When is a constitutional amendment an amendment in name alone?”11 Richard Albert poses that question at the very start of Constitutional Amendments: Making, Breaking and Changing Constitutions in which he convincingly demonstrates that this long neglected topic is an essential aspect of constitutional law and constitutionalism.