Law, Religion and Science - Determining the Role Religion Plays in Shaping Scientific Inquiry in Constitutional Democracies - The Case of Intelligent Design

Article published in the Contemp. Readings Law & Soc. Just.

A Basic Introduction to Constitutional Free Exercise of Religion in the United States and Japan

Article published in the Contemp. Readings Law & Soc. Just.

Bad News Should Travel Fast: Hot Checks, Tardy Banks, and the Uniform Commercial Code\u27s Rude Surprise

Article published in the N.Y.U. Review Law & Soc. Change

Law, Religion and Science - Determining the Role Religion Plays in Shaping Scientific Inquiry in Constitutional Democracies - The Case of Intelligent Design

Article published in the Contemp. Readings Law & Soc. Just.

Global Legal Pluralism

Some challenges of legal globalization closely resemble those formulated earlier for legal pluralism: the irreducible plurality of legal orders, the coexistence of domestic state law with other legal orders, the absence of a hierarchically superior position transcending the differences. This review discusses how legal pluralism engages with legal globalization and how legal globalization utilizes legal pluralism. It demonstrates how several international legal disciplines---comparative law, conflict of laws, public international law, and European Union law---have slowly begun to adopt some ideas of legal pluralism. It shows how traditional themes and questions of legal pluralism---the definition of law, the role of the state, of community, and of space---are altered under conditions of globalization. It addresses interrelations between different legal orders and various ways, both theoretical and practical, to deal with them. And it provides an outlook on the future of global legal pluralism as theory and practice of global law

Global Legal Pluralism

Some challenges of legal globalization closely resemble those formulated earlier for legal pluralism: the irreducible plurality of legal orders, the coexistence of domestic state law with other legal orders, the absence of a hierarchically superior position transcending the differences. This review discusses how legal pluralism engages with legal globalization and how legal globalization utilizes legal pluralism. It demonstrates how several international legal disciplines---comparative law, conflict of laws, public international law, and European Union law---have slowly begun to adopt some ideas of legal pluralism. It shows how traditional themes and questions of legal pluralism---the definition of law, the role of the state, of community, and of space---are altered under conditions of globalization. It addresses interrelations between different legal orders and various ways, both theoretical and practical, to deal with them. And it provides an outlook on the future of global legal pluralism as theory and practice of global law

Structuralist Legal Histories

This is a contribution to a symposium titled Theorizing Contemporary Legal Thought. The central theme of the piece is the relation between legal structuralism and legal historiography

Transnational Private Regulatory Governance: Ambiguities of Public Authority and Private Power

The continuing proliferation of transnational private regulatory governance challenges conceptions of legal authority, legitimacy and public regulation of economic activity. The transnational law merchant or, lex mercatoria, is a case in point in this context, as it represents a laboratory for the exploration of “private” contractual governance in a context, in which the assertion of public or private authority has itself become contentious. The ambiguity surrounding many forms of today’s contractual governance in the transnational arena echoes that of the far-reaching transformation of public regulatory governance, which has been characteristic of Western welfare states over the last few decades. What is particularly remarkable, however, is the way in which the depictions of “private instruments” and “public interests” in the post-welfare state regulatory environment have given rise to a rise in importance of social norms, self-regulation and a general anti-state affect in the assessment of judicial enforcement or administration of contractual arrangements. The paper suggests the need to short-circuit and to read in parallel the justifications offered for a contractual governance model, which prioritizes and seeks to insulate “private” arrangements from their embeddedness in regulated market contexts, on both the national and transnational level