Articles

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GLOBAL LAW & PLUNDER: THE DARK SIDE OF THE RULE OF LAW (with Marco de Morpurgo), BOCCONI SCH. L. STUDENT-ED. PAPERS, No. 2009-03/EN (2009)

The increasing expansion of international markets and the contextual decreasing role of states1 in the...

 

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Access to Justice. A Renewed Global Issue., ELECTRONIC JOURNAL OF COMPARATIVE LAW (2007)
 

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The Functions of Trust Law: a Comparative Legal and Economic Analysis (with Henry Hansmann), New York University Law Review (1998)
 

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The Common Core Approach to European Private Law (with Mauro Bussani), Columbia Journal of European law (1997)
 

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Three Patterns of Law: Taxonomy and Change in the World's Legal System, The American Journal of Comparative Law (1997)
 

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Protecting Possession (with James Gordley), The American Journal of Comparative Law (1996)
 

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The Comparative Law and Economics of Penalty Clauses in Contracts, The American Journal of Comparative Law (1995)
 

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Why the Wind Changed: Intellectual Leadership in Western Law, The American Journal of Comparative Law (1994)
 

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Efficiency in Legal Transplants: an Essay in Comparative Law and Economics, International Review of Law and Economics (1994)
 

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Law and Economics in Civil Law Countries: a Comparative Approach (with Roberto Pardolesi), International Review of Law and Economics (1991)
 

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Judicial Responsibility in Italy: a New Statute (with Michele), The American Journal of Comparative Law (1990)
 

Books

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Schlesinger's Comparative Law, 7th (with Teemu Ruskola and Antonio Gidi) (2009)
This book enlarges the perspective of comparative law to include the experiences of the non-Western...
 

Plunder: when the Rule of Law is Illegal (with Laura Nader) (2008)

"Plunder" examines the dark side of the Rule of Law and explores how it has...

 

Basic Principles of Property Law (2000)

The first attempt to address comparative property law in a common integrative framework, this study...

 

Comparative Law and Economics (1997)

The comparative study of law and the institutions of law have enriched our understanding of...

 

Other

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Emergency-Based Predatory Capitalism: The Rule of Law, Alternative Dispute Resolution, and Development (2009)

In a state of emergency, ordinary political life is suspended. To exit from a state...

 

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The economic crisis is showing the decline of western world-wide hegemony - Portuguese translation - (2008)
O Ocidente está em recessão, o que significa estagnação e a interrupção do crescimento. Por...
 

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La larga marcha del topo neoliberal y la ideología del reformismo (2008)
El reformismo se ha convertido en palabra clave de una nueva ideología que predica el...
 

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The Peruvian Civil Code, Property and Plunder. Time For a Latin American Alliance to Resist the Neo Liberal Order., Global Jurist (2005)
In Latin America as elsewhere, legal institutions imported from the capitalistic center have legitimized and...
 

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A Theory of Imperial Law: A Study on U.S. Hegemony and the Latin Resistance, Global Jurist (2003)
This essay attempts to develop a theory of imperial law that is able to explain...
 

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Foreign Inspired Courts as Agencies of Peace in Troubled Societies. A Plea for Realism and for Creativity., Global Jurist (2002)
Paper presented at the United Nations Conference "Rebuilding Legality. The Case of Somalia" held in...
 

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Hard Code Now!, Global Jurist (2002)

This paper advocates the immediate beginning of a genuine, pluralistic political process leading to a...

 

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United States Jurisdiction Over Conflicts Arising Outside of the US. Some Hegemonic Implications (with Jeffrey S. Lena), Global Jurist (2001)
Recently, numerous lawsuits have been filed in United States Federal and State Courts asserting what...
 

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Basic Issues of Private Law Codification in Europe: Trust, Global Jurist (2001)

In this paper I approach trust law from the perspective of the European legal system...

 

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Comparative Law and Economics: Borrowing and Resistance (with Alberto Monti), Global Jurist (2001)
Comparative law and economics is a rather new discipline located at the frontiers of contemporary...
 

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Legal Systems in Distress: HIV-contaminated Blood, Path Dependency and Legal Change, Global Jurist (2001)
This comparative law and economics essay aims to introduce the economic notion of "path dependency"...
 

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Making the Other Path Efficient: Economic Analysis and Tort Law in Less Developed Countries , Berkeley Program in Law & Economics, Working Paper Series (1995)
Please contact the Program in Law and Economics at Boalt Hall School of Law, UC...