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Despite vast harmonization across many areas of private international law, approaches to transnational jurisdiction have proved resistant to harmonization. For 
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French by Guillaume Blanc, Masahiro Kubo :: SSRN
This paper studies nation-building in a fragmented society. We document the adoption of a common language and the construction of a national identity and ideolo
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International Constitutional Advising: Introducing a New Dataset by Hanna Lerner, David Futscher, Nina Schlager :: SSRNThe article presents the first systematic comparative study on the growing involvement of international organizations in national constitution making around the
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The Maastricht Treaty archival collection goes public! - ConsiliumTo mark the 30th anniversary of the Maastricht Treaty coming into force, the Council archives have opened to researchers the collection on the treaty negotiation.
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Why Law was Late to Comparative Constitutional Amendment by Richard Albert :: SSRN
Today law leads all disciplines in the study of comparative constitutional amendment. But in its early stages, comparative constitutional amendment was almost e
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The Rule of Law Without Separation of Powers: Legality in the Classical Tradition by Adrian Vermeule :: SSRN
Among theorists of legal liberalism, a common assumption is that the rule of law, rightly understood, entails some version of the separation of powers — especia
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The Debt Ceiling Is Constitutional by Lawrence Rosenthal :: SSRNPursuant to its power to borrow money on the credit of the United States, Congress has periodically permitted the Executive Branch to incur debt subject to a s
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An Introduction to Foreign Judges on Domestic Courts by Anna Dziedzic :: SSRNForeign judges sit on domestic courts in over 50 jurisdictions across the world. The practice raises underexplored questions about the significance of foreignne
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The Rule of Law under Challenge: The Enmeshment of National and International Trends by Gregory Shaffer, Wayne Sandholtz :: SSRNIn a period of rising threats to constitutional government within countries and among them, it is a crucial time to study the rule of law in transnational conte
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Revolutionary Constitutional Compliance by Jamie Bologna Pavlik, Justin T Callais, Andrew T. Young :: SSRN
Revolutions are bottom-up movements for regime change that, if successful, overthrow and replace a society’s principal institutions. Successful revolutions are
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Accessing Legal Information in Malaysian Law Firm Libraries | Legal Information ManagementAccessing Legal Information in Malaysian Law Firm Libraries - Volume 23 Issue 3
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A Research Process for the Entire World? Challenges in Foreign, Comparative, and International Law Instruction by Janet Kearney :: SSRNThis article explores the use of a multi-step research process as a scaffolding technique to teach foreign, comparative, and international law research classes.
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The International Criminal Court (ICC) as a Mechanism for Global Justice and Rule of Law by Paolo Davide Farah :: SSRN
Throughout history, institutions have been the chosen platforms for governing and regulating society. However, in the twenty-first century, with unprecedented c
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Legal Reasoning in Legislative Process in Nigeria by Aminu Adamu Bello :: SSRN
The military shaped the legislative landscape in Nigeria. The combined power of enacting legislation and the power, legally, to perform executive functions (and
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Comparative International Law: State of the Art by Mathias Siems :: SSRNThe use of the term ‘comparative international law’ has increased significantly in recent years. This paper suggests that it is indeed justified to consider com
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Why the Selection Process for Judges of Ukraine’s Constitutional Court May Become a Stumbling Block for EU Membership by Sergiy Panasyuk :: SSRNFour days after the full-scale Russian invasion of Ukraine, President Zelenskyy signed an application for membership in the European Union (EU) under a special
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Constitutional Consequences by Netta Barak Corren, Tamir Berkman :: SSRN
For over two hundred years of Supreme Court doctrine, judges and scholars have tried to figure out how the Court’s rulings impact ordinary citizens. Yet the ans
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Interpretation of the Copyright’s Public Domain in the European Union; a Critical Discourse Analysis by Oswald Essien :: SSRNIn the digital economy, the public domain is a sublime legal concept that fosters innovation and participatory culture. Despite its benefits, its sublimeness, p
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Black Lawyers Matter: An Oral History of Race-Inclusive Admissions at Yale by JoAnne Epps, Craig Green :: SSRNAlmost no one knows that Yale had the first affirmative action program of any elite law school in the country. In 1968, Dean Louis Pollak endured fierce critic
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The Modern Way to Write a Statute Is to Tell a Story by Richard K. Neumann :: SSRN
Except for the United States, the English-speaking world has been moving toward writing statutes as stories with characters and plot tensions. British statutes
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Specialization in International law: Areas of law that have significantly evolved in recent yearsBy Juan-Andrés Fuentes Many scholars have discussed over the last two decades about the fragmentation of international law.This issue could be defined as “the splitting up of the law into highly specialized boxes that claim relative autonomy both from one other [sic] and from the general law.”[1] ...
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Precedent of the Inter-American Court of Human Rights: State Compliance and Judicial Performance in Brazil, Colombia, Argentina, Chile, and Bolivia by Ranieri L Resende :: SSRNConsidering the external effects of adjudicative activity of the Inter-American Court of Human Rights, structural questions emerge regarding the influence of IA
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Comparative Public Law for European Society by Armin von Bogdandy :: SSRNThis contribution theorizes European comparative public law through its function for European society. It starts by reconstructing European law as a body of law
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Foreign law in the Draft Code of French Private International Law: New volume in French –Gustavo Cerqueira and Hugues Fulchiron have recently edited a new volume (in French) on the appliation of foreign law in the draft code of French private international law (Le droit étranger dans l…...
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