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Argues that the global, informal process supervising the financial system is an overlooked form of international governance that actually works.
Taking stock of the 2008 global financial crisis, this book provides 'outside the box' solutions for reforming international financial regulation.
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytic...
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
This book argues that laws spread around the world not through elite networks of technocrats, but through domestic democracy. It combines public opinion experiments, election campaign data, legislative debates, and policy adoption patterns to document how international models generated domestic support for health, family, and employment law reforms across rich democracies.
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel propose...
For years, commentators have complained that white-collar crime is both over-criminalized and underenforced. This book transcends that debate and argues that white-collar crime's weaknesses arise out of a series of interlocking pathologies: in lawmaking, in enforcement, and in how we track and discuss enforcement.
This ground-breaking book explores the phenomenon of informal international organizations--weakly-legalized bodies that differ significantly from the formal institutions traditionally relied upon by the global community. It advances a new way of thinking about these organizations, presents new data revealing their extraordinary growth over time and across regions, and offers a novel account explaining why states have embraced them. Roger locates the origins of informality in major shifts occurring within the domestic political arenas of powerful states, explaining how these have projected outwards and reshaped the legal foundations of global governance. The book systematically tests this theory, presents detailed accounts of the forces behind some of the most important institutions governing the global economy, and draws out the policy implications of this account. While informality has allowed the number of multilateral institutions to grow, Roger argues, it has coincided with a decline in their quality, leaving us less prepared for the next global crisis.
This book examines the distributional consequences of creating new informal institutions, in particular, exploring explore the ways in which soft law can disrupt political contests over time and transform domestic and global rules.
Featuring a comprehensive analytical collection of interdisciplinary research on regulatory authorities, this innovative Handbook combines contributions from leading scholars and regulatory practitioners to present the fundamental theoretical concepts, empirical achievements and challenges in the contemporary study of regulatory authorities.