Pages 296–327, https://doi.org/10.1093/ajcl/avad022
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.
Pages 251–295, https://doi.org/10.1093/ajcl/avad032
This Survey covers cases decided by American state and federal appellate courts during 2022.
Pages 1–45, https://doi.org/10.1093/ajcl/avad007
This Article applies emerging literature on resilience in complex systems to institutional change in property rights systems.
Pages 46–97, https://doi.org/10.1093/ajcl/avad011
The modern movement to abolish the death penalty in the United States stresses that this punishment cannot be applied fairly and effectively.
Pages 98–141, https://doi.org/10.1093/ajcl/avad021
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.
Pages 142–188, https://doi.org/10.1093/ajcl/avad020
Using artwork and other valuables as a high-stakes case study, the Article discusses the law governing acquisitive prescription of movable property in Louisiana, Germany, and Russia.
Pages 189-233, https://doi.org/10.1093/ajcl/avad018
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.
Pages 597–640, https://doi.org/10.1093/ajcl/avac047
Constitutional dialogue theory has some great qualities. It is balanced, democratic, and deliberative. It has a special legitimacy-enhancing role due to the place that it gives to legislatures and to the political process.
Pages 558–596, https://doi.org/10.1093/ajcl/avac046
In both Britain and France, pollution from emergent chemical manufacturing during the early industrial era presented a choice between two regulatory approaches.
Pages 510–557, https://doi.org/10.1093/ajcl/avad005
This Article argues that there should be a new legal form for social enterprises in Asia that takes into account the distinctive contexts within which different types of social enterprises operate in the different Asian jurisdictions.