Technology Entrepreneurship and Management Conference and Call for Papers

The Brown International Advanced Research Institutes (BIARI) ambitious new program is designed to provide a valuable professional development opportunity for young faculty in the early stages of their research and teaching careers.

From June 13th - June 26th 2010, we will convene 30-40 emerging scholars at an Institute on Technology Entrepreneurship and Management at Brown University in the United States.

This Institute will provide a forum for presenting and discussing research on a broad range of current themes in entrepreneurship studies and related disciplines. Perspectives will include, but are by no means limited to: development economics, organizational and economic sociology, management theory, and technology studies. The program will devote particular attention to similarities and differences between entrepreneurship in the ‘Global North’ and ‘Global South’; however, work with a purely Southern or purely Northern focus is also welcome, especially if the researcher is receptive to cross-national comparisons.

Instructors and keynote speakers at the Institute will be a mix of Brown faculty and leading scholars from institutions around the world. Further details about the Institute can be found here.

Technology Entrepreneurship and Management is one of four Institutes being held in June 2010. To learn more about the BIARI initiative and the application process. please visit our website at: http://brown.edu/BIARI

The Brown International Advanced Research Institutes program has been generously funded by Brown University and Santander Universities. Successful applicants will receive travel assistance, be hosted in University residential housing and be provided catered meals. During
the Institute, participants will have access to Brown University's world class research facilities. Please send questions and comments to BIARI@brown.edu.

Unpacking Adaptability

I just read an interesting new paper on LLSV.


Unpacking Adaptability

Andreas Engert
Ludwig Maximilians University of Munich - Institute of International Law - Comparative Law

D. Gordon Smith
Brigham Young University - J. Reuben Clark Law School

Brigham Young University Law Review, p. 1553, 2009

Abstract: Legal Origins Theory -- first proposed over a decade ago by Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny -- holds that adaptable legal systems produce superior substantive law that, in turn, leads to superior economic outcomes. In this essay, we examine this adaptability hypothesis. The chief methodological challenge confronting the empirical study of adaptability is that researchers cannot measure adaptability directly. Legal Origins Theory attempts to surmount this challenge, in the first instance, by using legal institutions as proxies for adaptability. One of the foundational assumptions of Legal Origins Theory is that courts engage in highly contextualized rulemaking that improves the quality of law over time. Legal Origins Theory then takes this assumption one step further, asserting that “judicial law making and adaptation play a greater role in common than in civil law.” Thus, legal origin becomes a second-order proxy for adaptability. We contend that adaptability is undertheorized and that a more nuanced understanding of adaptability reveals the implausibility of legal origin as proxy for adaptability.

Harvard Institute for Global Law and Policy Workshop on Global Law and Economic Policy

The Institute for Global Law and Policy is proud to announce our first annual Workshop on Global Law and Economic Policy, June 2-11, 2010 at Harvard Law School.

IGLP: The Workshop is an intensive ten day residential program designed for doctoral and post-doctoral scholars. The Workshop aims to promote innovative ideas and alternative approaches to issues of global law, economic policy and social justice in the aftermath of the economic crisis. The initiative will bring young scholars and faculty from around the world together with leading faculty working on issues of global law and economic policy for serious research collaboration and debate. Hosted by Harvard Law School, The Workshop aims to bring together specialists from across the arts and sciences as well as the professional schools who are interested in the intersections between law, economics and global policy.

The Workshop is funded with generous support from Santander Universities and Sovereign Bank

It is co-sponsored by the School for Oriental and African Studies (SOAS) in London, the Bernard and Audre Rapoport Center for Human Rights and Justice at the University of Texas, and Sciences Po Law School in Paris.

Professor David Kennedy will serve as Faculty Director for the Workshop. He is Director of The Institute for Global Law and Policy and Professor of Law at Harvard Law School where he teaches international law, international economic policy, legal theory, law and development and European law. His research uses interdisciplinary materials from sociology and social theory, economics and history to explore issues of global governance, development policy and the nature of professional expertise.

The Core Faculty for 2010 will include:


Matthew Craven, Dean of the Faculty of Law and Social Sciences, Professor of International Law and Director, Centre for the Study of Colonialism, Empire and International Law, School of Oriental and African Studies, University of London; Dennis Davis, Judge of the High Court of Cape Town, South Africa; Christine Desan, Professor of Law, Harvard Law School; Karen Engle, Cecil D. Redford Professor in Law and Director, Bernard and Audre Rapoport Center for Human Rights and Justice, University of Texas; Jorge Esquirol, Professor of Law and Director of International & Comparative Law Programs, Florida International University College of Law; Roy Kreitner, Professor of Law, Faculty of Law, Tel Aviv University, Tel Aviv; Susan Marks, Professor of Public International Law, King's College London; Vasuki Nesiah, Lecturer in Law, Brown University; Kerry Rittich, Associate Professor at The Faculty of Law and the Women's and Gender Studies Institute at The University of Toronto; Alvaro Santos, Associate Professor of Law at Georgetown University Law Center; Chantal Thomas, Professor of Law and Director of the Clarke Initiative for Law and Development in the Middle East and North Africa, Cornell Law School; Robert Wai, Associate Professor of Law, Osgoode Hall Law School, Toronto; Mikhail Xifaras, Professor of Law, Sciences Po Law School.

The Core Faculty will be joined by speakers and discussants from Harvard and other leading universities.

While in residence at Harvard, participants will review current scholarly developments and reconsider canonical texts with the aim of strengthening our ability to understand and influence the shape and direction of global economic policy and law. Afternoon pro-seminars will offer participants the opportunity to share their own work in progress with colleagues and leading scholars in their field.

IGLP: The Workshop will be organized around six Program Themes:


The Structure and History of Global Law
Global Political Economy: The Architecture of Monetary and Financial Integration
Human Rights and Social Justice
International Economic Policy and Transnational Regulation
Law and Economic Development
Global Law: Universality and Constitutionalism
Exploration of each Program Theme will be led by a team of senior scholars and will be designed to promote discussion on recent scholarly trends as well as classical texts. In addition there will be several plenary talks by leading scholars and policy makers. All participants in The Workshop will have an opportunity to participate in exploration of each thematic area and to share their own scholarship. Our goal will be to understand the history and structure of our contemporary world political and economic system. We will aim to map modern money, finance, development, governance, regulation and social justice, opening them to contestation and debate.
Click here to Apply to IGLP: The Workshop!


The Institute for Global Law and Policy is committed to keeping the Workshop as cost-free as possible for admitted applicants, including travel, meals and lodging.

Click Here for Information about Traveling to Harvard.

Law, Finance and Development: Further Analyses of Longitudinal Data

Prabirjit Sarkar, Centre for Business Research,University of Cambridge, Jadavpur University and Ajit Singh, University of Cambridge explore Law, Finance and Development: Further Analyses of Longitudinal Data.

ABSTRACT: This paper analyses a longitudinal dataset on legal protection of shareholders over a 36 year period, 1970-2005, for four advanced countries, the UK, France, Germany and the USA. It examines two aspects of the legal origin hypothesis-whether shareholder protection is higher in the common law countries (UK and USA) than in the civil law countries (France and Germany) and whether shareholder protection matters for stock market development in the short and long runs. It also examines the ‘causation’ issue and the ‘endogeneity’ problem-whether greater shareholder protection leads to stock market development or whether stock market development leads to changes in law. The paper casts serious doubt on the validity of the basic theses of the Anglo Saxon legal and developmental model.

Afghanistan and the Future of State Building

The University of La Verne College of Law presents What Makes States Successful? Afghanistan and the Future of State Building April 15-17, 2010.

State failure is one of the most challenging public policy problems of our age. Despite the pressures of globalization on the autonomy of states, they remain the most important locations of institutions to promote justice and the welfare of the peoples of the world. States are vital to maintaining peace and security across the globe. We need states to succeed. But they sometimes fail. Why? And how do we turn failed states into successful states? This symposium examines these questions with a four-fold focus. First, the focus is on state failure that is either caused by or is in some way related to armed conflict within a state, either from a civil war or from armed intervention by intervening states, United Nations Security Council action, or otherwise. Second, the focus is on institutional solutions to state failure, with an emphasis on rule of law. Third, the focus is on developing action plans or protocols containing concrete solutions to help failed states become successful states. Fourth, the symposium focuses on Afghanistan. Afghanistan provides a rich source of data and experience on what works and what fails, although Afghanistan remains very much a work in progress. An important symposium aim is to produce policy guidance for future directions in that country. The symposium approach is multi-disciplinary, with the goal of learning from a diversity of views.

Keynote Speakers:
•H.E. Mohammad Eshak Aloko
Attorney General of Afghanistan
•Cherif Bassiouni
Distinguished Research Professor of Law, DePaul University
College of Law , President Emeritus of the International
Human Rights Law Institute
•Hon. Pierre-Richard Prosper
Former U.S. Ambassador-at-Large for War Crimes Issues
Panel Discussions Include:
•Are Protocols Possible?
•Constitutions, Multicultural Democracies, and Citizenship
•Criminal Justice
•Human Rights
•Immediate Post-Conflict Priorities
•Militaries and National Security Institutions
•Military Intervention
•Transitional Justice
Event Schedule:
Event Schedule

Panelists Include:
•Juan Botero
Rule of Law Index Director, World Justice Project
•Hon. David O. Carter
U.S. District Judge, Central District of California
•Feryal Cherif
Assistant Professor of Political Science,
University of California Riverside
•Marisa S. Cianciarulo
Associate Professor of Law, Chapman University School of Law
•Erin Daly
Professor of Law and Associate Dean for Research and Faculty Development, Widener University School of Law
•Michael Delaney
Assistant U.S. Trade Representative for South Asia
•John Dempsey
Senior Rule of Law Adviser, Kabul,
United States Institute of Peace
•Jasteena Dhillon
Associate Fellow, Harvard University, Kennedy School of Government, Carr Center for Human Rights Policy
•Elise Groulx Diggs
President, International Criminal Defence Attorneys Association
•Lew Diggs
Principal, L.H. Diggs Consulting Services
•Jonathan Eddy
Director, Asian Law Center; Manager, Afghanistan Legal Educators Project and Professor of Law, University of Washington School of Law
•Pierre Englebert
Professor of Politics, Pomona College
•Fatima Gailani
President, Afghanistan Red Crescent Society
•David Glazier
Professor of Law, Loyola Los Angeles Law School
•Tiffany Graham
Associate Professor of Law, University of La Verne College of Law
•Ric Grenell
Former Director of Communications and Public Diplomacy for the United States Permanent Representative to the United Nations; Senior Vice President for Communications for DaVita, Inc.
•John Hall
Associate Professor of Law, Chapman University School of Law
•Hon. Kerry Murphy Healey
Former Lieutenant Governor, Commonwealth of Massachusetts
•Col. V. Joshi
Canada Deputy Judge Advocate General/Military Justice and Administrative Law
•David Kaye
Executive Director, UCLA International Human Rights Program
•Steve Kraft
Director, Afghanistan-Pakistan Office, Bureau of International Narcotics and Law Enforcement Affairs, U.S. Department of State
•Hon. Stephen G. Larson
Partner, Girardi Keese
•LCol (Ret.) David Last
Professor of Political Science, Royal Military College of Canada
•John Linarelli
Associate Dean for Academic Affairs and Professor of Law,
University of La Verne College of Law
•Grey Maggiano
Justice Program Manager, Afghanistan-Pakistan Office, Bureau of International Narcotics and Law Enforcement Affairs,
U.S. Department of State
•Major Jeremy Marsh
U.S. Army Judge Advocate General’s Legal Center and School, Charlottesville, VA
•Admiral (Ret.) Bruce MacDonald
former Judge Advocate General, U.S. Navy
•Col. Dominic D. McAlea
Canada Deputy Judge Advocate Regional Services Ottawa
•CDR Caren McCurdy
U.S. Navy Judge Advocate General
•Serge Michailof
former Executive Director Agence
Francaise de Développement
•Hon. Douglas P. Miller
Associate Justice, California Court of Appeal
•Hon. Robert O’Brien
Managing Partner, Arent Fox LLP; Co-Chair, U.S. Department of State Public-Private Partnership for Justice Reform in Afghanistan
•Mary Ellen O’Connell
Robert and Marion Short Professor of Law and Research Professor of International Dispute Resolution, University of Notre Dame Law School
•Cesare Pinelli
Professor of Regional and Constitutional Law,
University of Rome La Sapienza
•Rohullah Qarizada
President, Afghanistan Independent Bar Association
•Lako Tongun
Associate Professor of International and Intercultural Studies,
Pitzer College

Important Law and Development Session at Law and Society this May in Chicago

Scheduled Time: Sat, May 29 - 2:30pm - 4:15pm Building/Room: Renaissance / tba 03
Title Displayed in Event Calendar: CRN24 Rule of Law, State Building, and Transition--Roundtable--Success in Law and Development: Evaluating the Conventional Wisdom of Using Evidence from the Field 3403

Abstract: Law and development works involves Assessing existing rights and duties, Building capacity, Contesting existing and future rights and duties, Delegating the implementation of projects and Evaluating outcomes. This round table is made up of participants who have conducted extensive field work in developing and transitional economies. Drawing on their field work, each participant will give a short presentation about the extent to which a specific legal reform program has achieved its objectives. Thereafter, there will be a round table discussion covering a broader discussion on the role of legal reforms and what is working and what is not. At this point the audience will be invited to participate in the discussion.

Session chair: Amanda Perry-Kessaris, Birkbeck, University of London
Participants:
Elin Cohen (University of Washington) evaluates the Kenyan government's efforts to improve the business climate and stimulate economic growth by supporting small business associations.
Jon Eddy (Univeristy of Washington) rethinks assumptions underlying US Rule of Law efforts in Afghanistan.
Kevin Fandl (American University) examines the relationship between weak rule of law, including business registration and legal compliance and the informal economy in Colombia.
Amanda Perry-Kessaris (Birkbeck, University of London) evaluates the World Bank's attempts to increase foreign direct investment by encouraging the Government of India to reform Indian laws and legal institutions.
Veronica Taylor (University of Washington/ Australian National University) presents new empirical findings from China that challenge the common assumptions about the benefits of clinical law programs and legal aid projects.

Book review for Latin American Competition Law and Policy

Ricardo Jungmann of the Catholic University of Chile has a very nice book review of my book Latin American Competition Law and Policy.

Formal or Informal Justice in Afghanistan

Interesting view on role law and development might play in Afghanistan. Here