Additional articles
from SSRN have been noted by our friend
in the Irish
Society of Comparative Law:
- Lyke, Sheldon Bernard, Brown Abroad: An Empirical Analysis of Foreign Judicial Citation and the Metaphor of Cosmopolitan Conversation (March 2, 2012). Vanderbilt Journal of Transnational Law, Vol. 45, p. 83, 2012.
This Article generates a data set (twelve courts and
thirty-two decisions) of foreign judicial citations to the landmark U.S.
Supreme Court decision in Brown v. Board of Education. The purpose of
this Article is to learn what happens when a case is deterritorialized and
reconstituted in a different national scenario, and to conceptualize how courts
around the world use foreign authority. Analysis reveals that few foreign courts
used Brown in decisions involving education or race and ethnicity.
Foreign courts used the case as a form of factual evidence, as a guide in
understanding the proper role of a court with respect to decision making, and
as a source of substantive law in discussions on equal protection.
Specifically, the article illustrates the ways in which justices on both the
New Zealand Court of Appeal and the Constitutional Court of South Africa used Brown
in discussions of same-sex marriage. Although central to comparative law,
the legal transplant metaphor does not adequately explain the transnational use
of Brown. By incorporating sociological theories of diffusion and innovation,
the article attempts to reconcile some of the flaws of the transplant metaphor
and argue that conceptualizing judiciaries’ use of foreign law as a
cosmopolitan conversation is more appropriate. Cosmopolitan conversation has
led to forms of legal learning and innovation when courts have cited,
interpreted, and infused their own meaning into the Brown decision.
- Parisi, Francesco and Luppi, Barbara, Quantitative Methods in Comparative Law (May 2, 2012). Minnesota Legal Studies Research Paper No. 12-20.
In the field of comparative law, the use of economic
analysis has been at the same time fashionable and controversial.
Notwithstanding its controversial acceptance in the discipline, the so-called comparative
law and economics method is an important example of the application of
economics to areas that were once considered beyond the realm of economic
analysis. This article discusses the multiple roles that quantitative economic
methods (both theoretical and empirical) can play for comparative legal
analysis.
- Janssen, Andre and Schulze, Reiner, Legal Cultures and Legal Transplants in Germany (2011). European Review of Private Law, Vol. 2, pp. 225-256, 2011.
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