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Law after the welfare state : formalism, functionalism and the ironic turn of reflexive law

Zumbansen, Peer - 2009

"responsive law" and legal pluralism in the U.S. and "post-interventionist" and "reflexive" law in Germany. This comparison allows … gains of the former era into a set of market-oriented justifications of private autonomy and de-regulation. … nach Alternativen zum Recht’ in den USA wie auch in Deutschland mündete aber schon bald in eine weitreichende …

Persistent link: https://www.econbiz.de/10003829574

Result-Selectivism in Private International Law

Symeonides, Symeon - 2018

One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...

Persistent link: https://www.econbiz.de/10014218074

Extending First Amendment Protections to Artistic Compositions in Criminal Proceedings Through the Lens of Rap-Lyric Cases : The German 'Dignity' Model Applied to American Free Expression Jurisprudence

Adell, Nicholas - 2015

This paper argues for enhanced free speech protections for writers and lyricists preempting the use of artistic compositions in criminal trials. It constructs this protection by grafting fundamentals of German free expression law, namely the concept of "dignity," onto existing First Amendment...

Persistent link: https://www.econbiz.de/10014139033

Unveiling and deconstructing the enabling myths of neoliberalism through immanent critique

Wrenn, Mary V. - In: Journal of economic issues : jei 48 (2014) 2, pp. 477-484

Persistent link: https://www.econbiz.de/10010412339

Immanent critique, enabling myths, and the neoliberal narrative

Wrenn, Mary V. - In: Review of radical political economics 48 (2016) 3, pp. 452-466

Persistent link: https://www.econbiz.de/10011576983

Law after the welfare state: formalism, functionalism and the ironic turn of reflexive law

Zumbansen, Peer - 2009

'responsive law' and legal pluralism in the U.S. and 'post-interventionist' and 'reflexive' law in Germany. This comparison allows … gains of the former era into a set of market-oriented justifications of private autonomy and de-regulation. - Der Aufsatz … zum Recht' in den USA wie auch in Deutschland mündete aber schon bald in eine weitreichende Privatisierungs- und …

Persistent link: https://www.econbiz.de/10010298979

Does Judicial Quality Shape Economic Activity? Evidence from a Judicial Reform in India

Chemin, Matthieu - 2007

This paper investigates the impact of judiciaries on firms' contracting behaviour and economic performance. In 2002, the Code of Civil Procedure Amendment Act was enacted in India to facilitate speedy disposal of civil suits. Some State High Courts had already enacted some of the amendments...

Persistent link: https://www.econbiz.de/10014223736

Cohabitation Law Reform in Ireland

Mee, John - 2016

This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...

Persistent link: https://www.econbiz.de/10012984004

Reforming the Legal and Institutional Framework for the Enforcement of Civil and Commercial Claims in Portugal

Pompe, Sebastiaan - 2016

This paper discusses the recent major reforms in the area of civil and commercial claims enforcement undertaken by the Portuguese authorities in the context of the IMF/EU-supported adjustment program. The economic literature has long recognized that slow claims enforcement affects economic...

Persistent link: https://www.econbiz.de/10012998808

Constitutionalism, Legal Reform, and the Economic Development of Palestinian Women

Wing, Adrien K. - 2008

The purpose of this article is to discuss the current status of one resilient group of women - Palestinians. Their economic and social development has been hindered by disparate treatment in all facets of their lives from both internal and external factors involving the intertwining of customary...

Persistent link: https://www.econbiz.de/10014218275