Informing legal change

2021 ◽  
pp. 269-287
Author(s):  
Louise Mullany ◽  
Loretta Trickett ◽  
Victoria Howard
Keyword(s):  
2020 ◽  
Author(s):  
Francesca Fiorentini

Abstract The article analyses the many actors and initiatives that, in the last decades, have pursued the goal of worldwide harmonization of secured transaction laws, scrutinizing the achievements and the limits of these experiments. In light of such results, the article also outlines the methodological contribution that comparative law can offer to legal change in the sector of secured transactions law, by way of confronting positive law models with meta-legal elements such as culture, society, economy, law-making processes, and geopolitics.


2012 ◽  
Vol 5 (2) ◽  
pp. 394-418 ◽  
Author(s):  
Bradley D. Hays

AbstractSchool prayer represents a curiosity of Reagan era politics. Reagan and the social conservative movement secured numerous successes in accommodating religious practice and faith in the public sphere. Yet, when it came to restoring voluntary school prayer, conservatives never succeeded in securing the judicial victory that they sought despite conditions that seemingly favored change. Herein, we attempt to reconcile Reagan era successes with Reagan era failures by exploring Reagan's entrepreneurial activity to affect both the demand (i.e., judges) and supply (i.e., litigants) side of legal change. Identifying Reagan's entrepreneurial activities in his attempt to alter national social policy reveals the resilience of legal institutions to presidential and partisan regimes. Reagan's efforts to change national school prayer policy gained some measure of legislative success by securing the Equal Access Act but it failed to garner a change in school prayer jurisprudence. We conclude by noting that the difficulty of influencing both the demand and supply side of legal change in a timely manner and its implication for reconstructing policy through the courts.


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