Comments for International & Comparative Law

Comment on Not just Politics: Traditional Knowledge Disputes through a Comparative Lens by Stephen R. Munzer

Stephen R. Munzer — Sat, 26 Jul 2025 00:22:17 +0000

I am grateful for Professor Shabalala’s excellent condensation and appraisal of my article. He appreciates the difficulties of coming up with a useful framework. He sees, better than I did, the subtleties of placing the discussion in relation to the Global North and the Global South. Had I been asked to write a synopsis of the article, I doubt that I could have matched his distillation.

Comment on High Stakes Deference by Mandamus

Mandamus — Thu, 01 May 2025 12:54:47 +0000

Thank you for this insightful article on high-stakes deference. The exploration of how courts balance institutional competence against the stakes involved is particularly thought-provoking, especially in the context of administrative law. To further this discussion, it might be worth considering the implications of high-stakes deference beyond traditional legal frameworks. For example, in recent years, we have seen a growing influence of public opinion on judicial decision-making, especially in cases involving social justice and environmental regulations. This raises an interesting question: to what extent should courts incorporate societal values and scientific evidence into their assessments of agency expertise? Additionally, looking at international examples, such as the European Court of Justice’s approach to regulatory deference, could offer a broader perspective on how different legal systems navigate these complex issues. Understanding cross-jurisdictional practices might enrich our discussions on the appropriateness of deference in various contexts. How do you think judges can effectively mediate between competing interests and varying degrees of expertise in their deference to agencies?

Comment on Scientia Instituta Potentia Est by Michae Stoler

Michae Stoler — Sun, 11 Sep 2022 23:48:49 +0000

HI, what is the Latin title supposed to mean? As a former Latin teacher, I can tell you that it’s not grammatical.

Comment on Challenging Home Court Advantage by ‘Challenging Home Court Advantage’ | Private Law Theory - Obligations, property, legal theory

Fri, 01 Jul 2022 14:31:22 +0000

[…] John Coyle and Katherine Richardson, ‘Enforcing Inbound Forum Selection Clauses in State Court’, 53 Arizona State Law Journal 65 (2021). As national and international commerce move increasingly to online platforms – which themselves tie together nearly every corner of the globe – the problem of dispute resolution when business goes awry or products cause injury has moved to a central position for scholars of private law, both domestic and international. In their careful and important work, ‘Enforcing Inbound Forum Selection Clauses in State Court’, John Coyle and Katherine Richardson address an important aspect of this problem: ‘inbound’ forum selection clauses, ie those that require adjudication in the forum where the lawsuit is filed. Coyle and Richardson distinguish ‘inbound’ forum selection clauses from ‘outbound’ forum selection clauses – those that require adjudication in another forum … (more) […]

Comment on A Tribute That Turns One Inside-Out by ‘A Tribute That Turns One Inside-Out’ | Private Law Theory - Obligations, property, legal theory

Tue, 15 Feb 2022 13:41:24 +0000

[…] Fei-Hsien Wang, Pirates and Publishers: A Social History of Copyright in Modern China (2019). Comparative and international law scholarship places legal doctrines in context. Whether that context is helpful often depends upon one’s own disciplinary and normative commitments. Professor Fei-Hsien Wang’s Pirates and Publishers: A Social History of Copyright in Modern China challenges the view that a historic distrust of property rights undermines current efforts to import intellectual property law to the People’s Republic of China. The historical context she narrates is the main reason why this book is one I like lots. Even more pleasing is how Professor Wang’s book provides a new comparative and international context for understanding the possibilities for interdisciplinary scholarship itself … (more) […]

Comment on Empire’s Residue by ‘Empire’s Residue’ | Private Law Theory - Obligations, property, legal theory

Sat, 11 Sep 2021 13:00:22 +0000

[…] Paul F Scott, ‘The Privy Council and the constitutional legacies of Empire’, 71 Northern Ireland Legal Quarterly 261 (2020). On July 1, 1997, sovereignty over Hong Kong was transferred from the United Kingdom to the People’s Republic of China, and, so the story goes, the sun finally set on the British Empire. Except it didn’t. As Paul Scott masterfully explicates in ‘The Privy Council and the constitutional legacies of Empire’, the Empire endures, both in terms of ongoing control over Overseas Territories unlikely to become independent, and in the retention of formal mechanisms of constitutional governance which hide this imperial residue from the domestic constitutional order … (more) […]

Comment on Delaware’s Place in the World by ‘Delaware’s Place in the World’ | Private Law Theory - Obligations, property, legal theory

Thu, 01 Apr 2021 13:30:45 +0000

[…] William J Moon, ‘Delaware’s Global Competitiveness’ (January 30, 2021), available at SSRN. Post-election headlines that Delaware is finally ‘on the map’ after ‘centuries of obscurity’ are anathema to corporate law scholars. Delaware has long been at the center of US corporate law. US corporations may choose where they organize, untethered to their physical location. This creates the tantalizing – and much-studied – possibility of a market for corporate law. In many accounts Delaware dominates that market, with the majority of Fortune 500 companies organized in the state. But the market for corporate charters is not just a domestic US market. It is also a global market. And in the context of that market, Delaware is not doing so well. In ‘Delaware’s Global Competitiveness’, Professor William Moon studies the place of Delaware corporate law in the world … (more) […]

Comment on Recognizing and Correcting a Discrepancy by ‘Recognizing and Correcting a Discrepancy’ | Private Law Theory - Obligations, property, legal theory

Tue, 22 Sep 2020 04:29:00 +0000

[…] Marketa Trimble, The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies, 23 Lewis and Clark Law Review 501 (2019), available at SSRN. Intellectual property rights are territorial. Infringement claims – of unauthorized copying, making, selling, using – involving patents, copyrights, trademarks, or trade secrets are extraterritorial. Courts are also territorial, and their jurisdictional reach often limited by geography. So, what happens when a successful intellectual property claimant seeks to remedy the wrong in the courts? How do extraterritorial harms map onto the territorial limits of courts and rights? In The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies, Professor Marketa Trimble offers a powerful analytic assessment of these issues, introducing new conceptual vocabulary and policy solutions … (more) […]

Comment on Why Does Constitutional Amendment Design Matter? by ¿Por qué importa el diseño de las reglas sobre cambio constitucional? - IES Chile

Fri, 17 Jan 2020 14:53:15 +0000

[…] Reseña al libro Constitutional Amendments. Making, changing, and breaking constitutions (2019), de Richard Albert, publicada en International & Comparative Law JOTWELL. […]

Comment on In Support of Arbitration by Andrew

Andrew — Thu, 10 Jan 2019 04:16:43 +0000

consumer arbitration is fraud! see twitter @ArbitrationIs Fraud