The ordinary and the extraordinary in institutional litigation

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.     

Asia is Taking a Hard Look: University-Foreign Company Relations in China1

In this paper we approach the topic of modernization and industrialization of Asian economies by exploring the value of economic sociology for a network analysis on micro economical level. In this context we will discuss whether the role of transnational companies in technology transfer is changing due to a competition strategy in a knowledge based society. For the Chinese case we show how a corporate policy that strives for a comparative advantage in organizational knowledge of a specific market coincides with a modernization and industrialization policy carried out by the Chinese government. This interdependency results in a distinct structure of corporate public networking on regional level. We discuss whether this kind of regional networking is specific for a successful strategy to modernize newly industrializing countries.