By: Jonathan L. Marshfield Political scientists have identified compelling correlations be- tween economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trend- ing towards conditions that generally correlate to … [Read more…]
It Takes Two to Tango, and to Mediate: Legal Cultural and Other Factors Influencing United States and Latin American Lawyers’ Resistance to Mediating Commercial Disputes
By: Don Peters This article examines legal cultural and other factors influenc- ing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial ac- tors’ knowledge of the … [Read more…]
Two Understandings of Supremacy: An Essay
By: Vincent J. Samar Does the supremacy provision of Article VI of the U.S. Consti- tution undermine the legal force of international law in the United States? Recently, there has been some debate on this issue arising out of the claim that if the U.S. Constitution is “the supreme law of the land,” and … [Read more…]
Stakeholder Theory in Corporate Law: Has It Got What It Takes?
By: Andrew Keay There has been much debate for many years regarding what should be the objective of the large public corporation. This issue is important for a number of reasons, not least of which is that the theory nominated will underpin corporate governance and dictate, to a large extent, the kind of corporate … [Read more…]
Reforming Fairness: The Need For Legal Pragmatism in the WTO Dispute Settlement Process
By: Webb McArthur The World Trade Organization (“WTO”) dispute settlement system is intended to be the central pillar of the international trade system by which trade disputes involving WTO member states are ad- judicated, 1 whether regarding trade in goods, services, or in intellec- tual property rights. 2 However, an innocuous statement such as … [Read more…]