Adolph A. Berle and Gardiner C. Means' The Modern Corporation and Private Property is one of law's undisputed canonical texts. Its 75th anniversary is an occasion both to reassess its legacy and perhaps to rework its insights. Although Berle and Means' work was intended to redirect the...

In Legal Determinants of External Finance, Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer, and Robert Vishny (“LLSV”) argue that the reason that some countries have bigger capital markets than others can be traced to the legal origin of the country, i.e. whether it is a common...

In June, 2007 the province of Ontario, Canada, released environmental penalties (EPs) regulations. EPs (or administrative penalties, as they are called in the US) are the environmental equivalent of speeding tickets for facilities that violate pollution laws. They are found in numerous...

The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

In this article, Irvin Studin provides a wide-ranging audit of Canada's Constitution, broadly defined, to distill an original picture of Canadian strategic power in the world. Whereas Canadian constitutional scholarship and jurisprudence are typically rooted in considerations of federalism and...

This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative...

By taking a backstage look at our experiences as student editors on the German Law Journal, we reflect on what being a student editor can add to a legal education. In order to rebut criticisms of student participation on law journals, we first argue that being a student editor provides students...

Brazilian legal education is engaged since 1994 in a long and inconclusive process of curriculum reform in which the Brazilian Bar Association (Ordem dos Advogados do Brasil) has been one of its greatest players. The transformations undertaken in legal education in the last two decades, were...

This paper explores the ways in which globalization, as a dominant influence on political economy, makes its presence felt on legal education and research. In particular, it questions whether law schools have maintained agency in the choice to embrace globalization in their curricula,...