Hayek (1960) distinguishes the institutions of English freedom, which guarantee the independence of judges from political interference in the administration of justice, from those of American freedom, which allow judges to restrain law-making powers of the sovereign through constitutional...

Distributed Ledger Technologies (DLT) and their most prominent version, the blockchain, enable a new type of organization: Decentralized Autonomous Organizations (DAOs). DAOs consist of software code, mainly smart contracts, and the DAO members. Members keep governance tokens that grant property...

This article investigates the access to justice concerns surrounding jurisdiction motions in Ontario, taking inspiration from a 2015 Ontario Superior Court decision that held that jurisdiction motions are ripe for abuse and impeding access to justice. In Part I, the author summarizes the...

This short paper, delivered at the American Society of International Law's 107th Annual Meeting in 2013, summarizes for the international lawyer the recent legal repositioning of economic and social rights. Three trends – of the new wave of constitutionalism, new models of adjudication, and...

I use district court records in the colony of New South Wales, 1860 to 1900, to assess the role of conflict and cooperation in legal institutions during market expansion. Aggregate per capita disputes fell over the period but varied in terms of regional development. The ratio of settled cases...

This article examines two of the major water legal regimes in the Americas - that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen...

The strength of a society based on the rule of law can be measured by its ability to cope with extraordinary situations. It is under these conditions that constitutional guarantees of individual rights are in the greatest tension with the state’s need for self-preservation. There are times in...

Regulatory competition in company law has been extensively debated in the last few decades, but it has rarely been discussed whether there could also be regulatory competition in partnership law. This article fills this gap. It addresses the partnership law of the US, the UK, Germany, and...

This chapter summarizes the case for considering money as a legal institution. The Western liberal tradition, represented here by John Locke’s iconic account of money, describes money as an item that emerged from barter before the state existed. Considered as an historical practice, money is...