Oh, Court of Equity!

Oh! Court of Equity, misnamed, where doubt Leads many in; whencefew or none, get out;

These woeful opening lines of a poem‘Court of Chancery’ by a Reginald James Blewittin 1827, was the way he took up the tomahawk, as he termed itin his preface, against a dire national enemy. In practice,in Lincoln's Inn, he found the great delay and ruinous expensesof a Chancery suit had become proverbial. After giving up practicehe found the tranquillity of the park at Fontainebleau moreconducive to overcoming his previous anguished existence withhis verse satirizing the tedium of proceedings, its expenseand the follies and conceits of former colleagues. Former colleaguesare named in     

Free press and fair trial: The role of behavioral research

The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.     

George W. Bush in Political Time: The Janus Presidency

This essay places George W. Bush's presidency and the Bush administration in some historical context by applying the model of "political time" developed in recent books by Stephen Skowronek (2008 ) and Keith Whittington (2007 ). My thesis is that Bush's political failure during his second term was largely the result of structural tensions created by the attacks of September 11, 2001, that no leader could have overcome. This argument is an extension of Skowronek's and Whittington's views that the executive branch's relationship to other governing institutions is shaped primarily by the president's relative position in the party system. In essence, 9/11 undermined the coalition forged by Ronald Reagan by pushing President George W. Bush to pursue radical change. These actions could not be squared with his need, as the leader of the majority party, to maintain electoral stability. A presidency divided against itself in this way cannot, and did not, stand.     

Governing Globalization? The State,Law, and Structural Change in Corporate Governance

Current analysis of the 'globalization' of the activity of capitalist corporations tends to argue that the legal institutional frameworks of the nation state are of little importance in determining the governance of those corporations, and that the regulation of those corporations therefore is impossible. This view simply ignores the role that those frameworks do in fact play. In this paper, various styles of corporate governance are analysed in terms of the influence of the company law, financial market regulation, and employment law promulgated by nations or nation state groupings. Rather than the globalization of corporate governance reflecting the unimportance of the nation state, it reflects a change in the style of regulation.