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AbstractHow much does the current state of comparative legal studies owe to Cold War political imperatives? What happened to our discipline once such imperatives declined in the aftermath of the bipolar world? Comparative lawyers have been completely naive about the impact of the Cold War on...
AbstractOriginally a South African “brand,” transformative constitutionalism is increasingly presented as a new, distinctively Southern paradigm of constitutionalism. Yet, it remains unclear what transformative constitutionalism entails. This Article argues that transformative constitutions...
AbstractEcuador’s Constitution recognizes the indigenous peoples’ collective right to use and apply their own legal systems in cases of internal disputes. The Constitution, however, sets as a limit the respect of human rights. This Article examines one particular human right: the right to remain...
AbstractThis Article seeks to explain the puzzle of the divergence of American law from the rest of the common law world through the lens of legal theory. I argue that there are four competing ideal-type theories of the authority of the common law: reason, practice, custom, and will. The reason...
AbstractAnimal milk, most commonly cow’s milk, is one of the most heavily regulated commodities in both France and the United States. With the increasing popularity of breastfeeding and the possibility of pumping, freezing, and storing breast milk, a cottage industry has emerged for people...
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