Monthly Archives: February 2012
The Law of Society: Governance Through Contract
This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, “governance by contract” has emerged as the central concept in the context of privatization, domestic and transnational commercial relations, and law-and-development projects. Meanwhile, … Continue reading
The New Public Contracting: Public Versus Private Ordering?
This article explores the hybrid character of contemporary public service organization with specific reference to the emergence in Britain over the last twenty-five years of a novel mode of governance, the “New Public Contracting.” The New Public Contracting governs an … Continue reading
Molecular Federalism and the Structures of Private Lawmaking
This article explores “molecular federalism.” Private lawmakers—ranging from familiar organizations like the American Law Institute and the New York Stock Exchange to less well known ones, like the International Chamber of Commerce and associations of banks—are here envisioned as part … Continue reading
Changing Contract Lenses: Unexpected Supervening Events in English, New Zealand, U.S., Japanese, and International Sales Law and Practice
This article compares differences in the reasoning underlying contractual relationships between English and New Zealand law and U.S. and Japanese law. It then builds upon an existing framework by adding the notion of didactic formality to identify another important contrast … Continue reading
The True Lex Mercatoria: Law Beyond the State
Is there an anational lex mercatoria, a “global law without a state?” The debate seems infinite. Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufficient degree both of autonomy from the state and … Continue reading
Consumer Protection and Social Models of Continental and Anglo-American Contract Law and the Transnational Outlook
Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions reflects a tension between social ideals … Continue reading
The Role of Contracts and Networks in Public Governance: The Importance of the “Social Epistemology” of Decision Making
This article addresses the role of public contracts and of public-private networks in relation to the new cognitive infrastructure of postmodern societies and the rise of an experimental rationality. The use of contracts in public law has evolved: it is … Continue reading
Sexuality and Global Forces: Dr. Alfred Kinsey and the Supreme Court of the United States
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International Commerce and Undocumented Workers: Using Trade to Secure Labor Rights
This article explores the rights of illegal immigrants and undocumented workers throughout the world. International treaties have attempted to deal with the rights of undocumented workers, but few countries have been willing to sign on to the treaties. This article … Continue reading
Relational Contract and the Nature of Private Ordering: A Comment on Vincent-Jones
This paper focuses on the enormous growth of contract in the public sector over the last twenty years as part of the development of the “new public management.” In the United Kingdom, the most penetrating assessment of the significance of … Continue reading
The Making of Transnational Contract Law
The definition and creation of contract law is entrenched in a common understanding of the strong role of the modern state in the administration of justice. This article argues that this understanding is currently subject to a fundamental transformation as … Continue reading
Civil Society Constitutionalism: The Power of Contract Law
This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken (“VgT”). The judgment is one of a law of contract that interacts … Continue reading
An Administrative Law Perspective on Government Social Service Contracts: Outsourcing Prison Health Care in New York City
This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether. It also argues that the prevailing form and key terms … Continue reading
Non-governmental Organizations, Prevention, and Intervention in Internal Conflict: Though the Lens of Darfur
This Note argues that cases like the humanitarian crisis and the conflict in Darfur, Sudan, present an intrastate collective action problem that has not been satisfactorily addressed by a traditional multilateral approach. Instead, the Darfur crisis demonstrates the need for … Continue reading
Globalization of Law Firms: A Survey of the Literature and a Research Agenda for Further Study
The international expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to the articles by Carole Silver and Len Bierman and Michael Hitt on law firm expansion … Continue reading
Local Matters: Internationalizing Strategies for U.S. Law Firms
The local nature of legal systems reduces the harmonizing impact that globalization has generated in other sectors of the economy. Despite the continuing importance of local differences and institutions, the world in which law and lawyers operate is increasingly connected, … Continue reading