Since the 1970s, comparative law scholars have studied “legal transplants”: legal institutions that emerged in one location and then were moved to (or forced upon) another. This research agenda offers little traction on one of today’s most pressing questions of global legal change.
Making Legal Transplant Meaningful in a New Context: Geographical Indications from Europe to China
This Article investigates the interaction between transplanted law and society after legal transplants, focusing on a case study of the changing meaning of geographical indications (GIs) after this legal concept was transplanted from Europe to China.
Supreme Courts in Polarized Societies: A Comparative Study of Brazil, India, and Israel
How do courts function in an environment of political polarization? This Article aims to gain insight into this question through a comparative case study of three countries—India, Brazil, and Israel—examining the challenges that political polarization posed to their supreme courts and the way each of them chose to respond to them.
The Taiwanese Roots of East Asia’s War Redress Movement: An Alternate Genealogy
Conventional wisdom pinpoints the origins of East Asia’s World War II redress movement in 1990, with the emergence of the “comfort women” issue and subsequent transnational litigation. This Article challenges that narrative by excavating a series of lawsuits, filed by Taiwanese citizens in Japanese courts from the 1970s.
Rediscovering the Constitutional Preamble? How Judges Enlist Preambles to Legitimate Transformative Interpretations
In this Article, we look at how these texts have been employed by courts, regardless of—and often contrary to—their formal legal status and the political expectations of constitution-makers.
Constitutionalism “with adjectives” is now a common part of the comparative constitutional law vocabulary. But scholars often use the same adjectives in different ways, and suggest that different “constitutionalisms” are alternatives, when in fact they overlap in complex ways.
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.
The False Hope of Stewardship in the Context of Controlling Shareholders: Making Sense Out of the Global Transplant of a Legal Misfit
In 2010, the United Kingdom issued the world’s first stewardship code. Since then, stewardship codes have been issued in many of the world’s leading economies and now exist in twenty jurisdictions on six continents, with more jurisdictions considering adopting them.
This Article develops a framework to analyze the laws that bear on working conditions in global value chains (GVCs), a production structure based on hierarchical international firm networks.