Pages 222–226, https://doi.org/10.1093/ajcl/avac028
With the significant increase of the role of online platforms in today’s world, it is natural that attention is often focused on the role of these platforms.
Pages 210–221, https://doi.org/10.1093/ajcl/avac027
In recent years, China has led a not-so-silent revolution in internationalizing its dispute resolution mechanisms, including its courts, arbitration commissions, and mediation bodies, in order to facilitate cross-border investment and trade.
Pages 205–209, https://doi.org/10.1093/ajcl/avac026
Americans are obsessed with their history. References to the founders are frequently found in American constitutional and political discourse. This historical fixation continues to produce thick volumes not only of political biographies, but also of legal ones. In addition to the many biographies of U.S. Supreme Court justices, one can also find biographies of leading legal academics including Christopher Columbus Langdell,1 Roscoe Pound,2 and Karl Llewellyn.
Pages 162–204, https://doi.org/10.1093/ajcl/avac029
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.
Pages 139–161, https://doi.org/10.1093/ajcl/avac025
In recent decades German criminal procedure has developed a practice of confession bargaining, in which defense counsel negotiates with the trial judge for the defendant to confess the charged offense in exchange for a milder sentence than would result if the defendant were to contest the charge. The German practice resembles American plea bargaining in many respects. This Article probes the similarities and the differences between the two systems of negotiated criminal justice. The Article discusses the origins of the German practice, its tensions with historic principles of the procedure system, and the troubled efforts of the courts and the legislature to justify and to regulate the practice.
Pages 95–138, https://doi.org/10.1093/ajcl/avac009
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.
Pages 43–94, https://doi.org/10.1093/ajcl/avac007
It is now well-established that different markets may develop different growth-supporting institutions that can give rise to public firms and set capital markets in motion. Yet, the paradigm view still holds local alternatives as merely stepping stones, a transitional passage toward achieving a deeper and more advanced market, at which point conventional legal and market institutions—modeled on Anglo-American corporate capitalism—are still held necessary.
Volume 70, Issue 1, March 2022, Pages 1–42, https://doi.org/10.1093/ajcl/avac024
For centuries, diverse groups of people living in the highlands of Southeast Asia have resisted lowland empires in China, Myanmar, Thailand, and Vietnam. The interaction between lowlanders and highlanders has been described as “internal colonization”—a process involving the absorption or displacement of highland communities and customary law.