This innovative book explores the nature and function of ‘sunset clauses’ and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis. Sofia Ranchordás presents a thorough analysis of sunset clauses and experimental legislation from a comparative perspective, and offers a clear legal framework for their implementation.
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a Comparative Perspective
Edited by Adolfo Paolini
Directors’ duties and liabilities have become the centre of a general legal discussion following the 2008 financial scandal that resulted in global recession. Questions have arisen regarding the ways in which the directors of the world’s major financial institutions have handled their duties and how their decisions have impacted investors, shareholders and consumers. This detailed Handbook discusses the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, liabilities that may arise and what interests directors should consider before embarking on commercial ventures.
Judicial Lawmaking and the Influence of Comparative Law
Edited by John O. Haley and Toshiko Takenaka
Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries. Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.
Edited by Padideh Ala’i and Robert G. Vaughn
In the last two decades transparency has become a ubiquitous and stubbornly ambiguous term. Typically understood to promote rule of law, democratic participation, anti-corruption initiatives, human rights, and economic efficiency, transparency can also legitimate bureaucratic power, advance undemocratic forms of governance, and aid in global centralization of power. This path-breaking volume, comprising original contributions on a range of countries and environments, exposes the many faces of transparency by allowing readers to see the uncertainties, inconsistencies and surprises contained within the current conceptions and applications of the term.
The Future Practice of Law
Edited by William van Caenegem and Mary Hiscock
The legal academy is responding in many varied ways to the challenge of producing lawyers adequately prepared to operate in a global environment. There is a renewed focus on lawyering skills, on core principles, on cultural context and on comparative research and study. This work advances the discussion of these issues while developing solid solutions and approaches to teaching law students destined for the future practice of law.
Tom Ginsburg, Pier Giuseppe Monateri and Francesco Parisi
Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This research review traces the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.
Economic Analysis and International Law
Marco Arnone and Leonardo S. Borlini
Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus. The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption.
A Comparative Law Approach
Edited by Jean-Bernard Auby, Emmanuel Breen and Thomas Perroud
As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues.
Edited by Rosalind Dixon and Tom Ginsburg
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.
ADR and Settlement of Mass Claims
Edited by Christopher Hodges and Astrid Stadler
The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach.