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Relevant bibliographies by topics / Legal Transplant

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Academic literature on the topic 'Legal Transplant'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 January 2023

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Journal articles on the topic "Legal Transplant"

1

Kristoffersson, Eleonor. "Policy Note: Value Added Tax as a Legal Transplant." Intertax 49, Issue 2 (February 1, 2021): 186–97. http://dx.doi.org/10.54648/taxi2021016.

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In this article, Value Added Tax (VAT) is examined as a legal transplant. The legal transplants theory relies on the assumption that legal transplants are the primary driver behind legal change. In order to establish whether this is the case for VAT, the distribution of VAT across the world is examined. This spread, however, should be evaluated against the different legal VAT families that may be identified around the world in order to determine if the identity of the transplanted system remains. That said, VAT families vary over time, and there is no specified definition of different VAT families. The establishment of the relevance of studying VAT as a legal transplant may feasibly lead to a discussion on whether a legal transplant approach is appropriate for comparative research in VAT since such an approach entails a risk for too much emphasis on similarities. The fact that statutes appear to be similar does not necessarily mean that the law is the same due to various factors such as legal culture. However, with an awareness of the inadequacies of the legal transplants approach as a method for comparative studies, the approach may provide valuable insight into explaining the similarities and differences in VAT. Legal transplants, value added tax, VAT, tax history, comparative methodology, comparative tax law

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Chen-Wishart, Mindy. "LEGAL TRANSPLANT AND UNDUE INFLUENCE: LOST IN TRANSLATION OR A WORKING MISUNDERSTANDING?" International and Comparative Law Quarterly 62, no. 1 (January 2013): 1–30. http://dx.doi.org/10.1017/s0020589312000541.

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AbstractIs legal transplant possible? The stark bipolarity of a ‘yes’ or ‘no’ answer attracted by such a question is much less interesting and revealing than the question: what shapes the life of legal transplants? The answer to the latter question is contingent on a wide range of variables triggered by the particular transplant; the result can occupy any point along the spectrum from faithful replication to outright rejection. This case study of the transplant of the English doctrine of undue influence into Singaporean law asks why the Singaporean courts have applied the doctrine in family guarantee cases to such divergent effect, when they profess to apply the same law. The answer owes less to grand theories than to a careful examination of the nature of the transplanted law and the relationship between the formal and informal legal orders of the originating and the recipient society raised by the particular transplant.

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Ambagtsheer, Frederike, Damián Zaitch, René van Swaaningen, Wilma Duijst, Willij Zuidema, and Willem Weimar. "Cross-Border Quest: The Reality and Legality of Transplant Tourism." Journal of Transplantation 2012 (2012): 1–7. http://dx.doi.org/10.1155/2012/391936.

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Background.Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians.Methods.The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism.Results.All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove.Conclusions.Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified.

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Goldbach, Toby S. "Why Legal Transplants?" Annual Review of Law and Social Science 15, no. 1 (October 13, 2019): 583–601. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-042617.

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In examining how laws and legal institutions move across jurisdictions, comparative law scholars have employed the metaphor of a legal transplant to conceptualize both the hazards and benefits of taking in another legal system's rules. As law and society scholars become increasingly interested in the international domain, they will naturally seek out disciplines that have grappled with issues of law and culture, diffusion of governance structures, and the social processes involved in transnational lawmaking. We can thus learn a great deal from the rich literature on legal transplants. However, we should also be wary of its anemic examination of relations of power and strive to employ empirical methods to measure the social forces and factors involved. This article gives an historical overview of the key developments and debates within the legal transplant literature and suggests new directions for further research intended for a sociology of the movement of law.

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Grande, Elisabetta. "Alternative dispute resolution, Africa, and the structure of law and power: the Horn in context." Journal of African Law 43, no. 1 (1999): 63–70. http://dx.doi.org/10.1017/s002185530000872x.

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Data collected by comparative legal scholars show that legal transplants usually take place from more complex societies to less complex ones. By contrast, the alternative dispute resolution (ADR) movement that has recently developed in modern societies has been described as a return to a simple model of dispute settlement used in the past and in modern non-Western societies. Does this mean that we are experiencing a new kind of legal transplant, a transplant from less complex to more complex societies? In this article I will argue that this is not the case. Far from being a transplant from the southern to the northern hemisphere, ADR seems indeed to be a modern legal institution born from the retreat of the state from some of its traditional functions. A different question thus needs exploring: is ADR, at least, an institution that can easily be transplanted to Africa where the original transplant of the Western state has failed? In other words, is conciliatory ADR more similar to the African way of dealing with conflicts and consequently to be recommended as the dispute resolution mechanism for modern African states? The question appears to be appropriate in situations such as the one in the Horn of Africa—particularly Eritrea—where the new political leadership is confronting the difficult task of building a new legal system.

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Ma, T. C. "LEGAL TRANSPLANT, LEGAL ORIGIN, AND ANTITRUST EFFECTIVENESS." Journal of Competition Law and Economics 9, no. 1 (January 16, 2013): 65–88. http://dx.doi.org/10.1093/joclec/nhs032.

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Dean, Meryll. "Legal transplants and jury trial in Japan." Legal Studies 31, no. 4 (December 2011): 570–90. http://dx.doi.org/10.1111/j.1748-121x.2011.00197.x.

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Alan Watson's theory of legal transplants was pioneering and innovative. It moved comparative law beyond ideas of legal families and legal systems by providing both a tool and a metaphor for examining hybrid, or mixed, legal systems. However, socio-legal comparativists in particular criticised his approach because of its failure adequately to acknowledge the importance of legal culture in transplant theory. As a hybrid legal system Japan provides an operative laboratory of comparative law. This paper examines jury trial to evaluate Watson's theory. It concludes by offering a new threefold categorisation of legal transplants.

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Wise, Edward M. "The Transplant of Legal Patterns." American Journal of Comparative Law 38 (1990): 1. http://dx.doi.org/10.2307/840531.

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Sorokina, E. A. "G. Frankenberg Theory of Constitutional Transfer in the Context of the Predictive Function of Comparative Law." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 17, 2022): 64–71. http://dx.doi.org/10.17803/2311-5998.2022.97.9.064-071.

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The use of the organic metaphor of transplant to describe the phenomenon of legal borrowing is not unique and has long been reflected in legal history and comparative law.However, the use metaphor of legal transplant has become widespread only since the 1970s. Despite the fact that the theory of legal transplants is the most controversial and debatable, at the same time it has become the main prerequisite for recognizing the need to develop and improve classical, traditional approaches as well as meaningful expansion of already existing legal categories. One of the modern conceptual approaches in this field is the theory of constitutional transfer of the German scholar G. Frankenberg. In his theory the process of constitutional transfer presented as complex and multistage and also he focuses its impact and subsequent consequences.

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Arvind, T. T. "THE ‘TRANSPLANT EFFECT’ IN HARMONIZATION." International and Comparative Law Quarterly 59, no. 1 (January 2010): 65–88. http://dx.doi.org/10.1017/s0020589309990017.

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AbstractThis article examines the problem of divergent judicial interpretation of harmonized documents. Drawing on the experience of harmonization of the law of arbitration, it points out that divergent interpretation runs much deeper than is commonly assumed, and shows strong similarities to the ‘transplant effect’ discussed in the literature on legal transplants. The article examines why the transplant effect shows up in harmonization, and considers its importance for the eventual success or failure of harmonization projects.

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Dissertations / Theses on the topic "Legal Transplant"

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李敏. "A case study on legal transplant : public participation in Chinese environmental governace." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120153.

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Chasin, Ana Carolina da Matta. "A assimilação da arbitragem no Brasil: disputas em torno da constituição de uma justiça extraestatal." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/8/8132/tde-16062015-133720/.

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A arbitragem é um instituto previsto no direito brasileiro que consiste num método de solução de conflitos alternativo ao Poder Judiciário. Quando as duas partes concordam, procuram uma instituição especializado para que a controvérsia seja solucionada por meio da decisão de um ou mais árbitros. Desde 1996 com a aprovação da Lei da Arbitragem o laudo arbitral apresenta a validade de uma sentença judicial regular, devendo igualmente ser cumprido. Essa incorporação do instituto no Brasil está inserida no movimento transnacional de reforma dos sistemas de justiça nacionais visando adaptá-los ao mercado em expansão da arbitragem internacional. Inspirado em vários instrumentos internacionais, principalmente na Lei Modelo da Comissão das Nações Unidas para o Comércio Internacional (UNCITRAL), o método também permite a integração do país no esforço mais amplo de harmonização do direito entre os países. O principal objetivo desta tese é, assim, analisar esse processo de transplante da arbitragem ao contexto jurídico brasileiro. Para isso, inicialmente reconstitui o surgimento das mais importantes instituições da arbitragem comercial internacional e, em seguida, investiga a assimilação local deste instituto. Este último processo é analisado à luz da mobilização que resultou na aprovação da legislação em 1996, bem como da abordagem do funcionamento da arbitragem atualmente. O argumento destaca a participação fundamental dos intermediários para o sucesso da operação de mediação entre instâncias globais e locais. O trabalho finaliza com uma reflexão acerca do encaixe estrutural da arbitragem no campo do direito nacional.
Arbitration is an alternative dispute resolution mechanism allowed by the Brazilian law. When both parties agree about it, they search for an specialized institution that will delegate the resolution of the conflict to one or more arbitrators. Passage of Brazils 1996 Arbitration Act recognized the validity of decisions reached by arbitrators. The incorporation of arbitration in the country happens as part of an international movement to reform local justice systems adapting them to the growth of the commercial arbitration market. Brazil\'s law was inspired by various international instruments, including the UNCITRAL (United Nations Commission on International Trade Law) Model Law and can be considered part of a broader effort to homogenize law across countries. The main goal of this dissertation is, thus, to analyze the arbitration transplant to the Brazilian legal context. To do so, it first explores the emergence of the main institutions of international commercial arbitration and then it investigates its local assimilation. This process is analyzed through the mobilization that resulted in the approval of the law in 1996 and also through the exploration of the way by which arbitration operates today. The argument emphasizes the role of the gatekeepers in intermediating the local and the global. This work finishes with a reflection about the structural fitting of arbitration in the local judicial field.

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Cronin, Antonia J. "The development and evolution of organ transplantation : an ethical and legal inquiry into the clinical translation of transplant immunobiology." Thesis, University of Manchester, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.516336.

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Transplants save lives. Clinical transplantation has a magnificent record, and it has saved the lives of thousands. Sadly, despite its overwhelming clinical success, the enterprise of organ transplantation remains frustrated by a shortage of organs. Demand has outstripped supply. Ultimately, this means that thousands of people, who value their lives, die waiting for a transplant. This is a tragedy, particularly since many, probably most, of these deaths are preventable. Healthcare matters. Not just because of tangible benefit outcome measures, but because it affects people's lives. This is why it is a moral imperative to identify and implement morally acceptable ways in which suitable organs are available for all those in need of a transplant. This thesis takes a synoptic view of organ transplantation, its development and its evolution. It examines the dynamic interplay of regulation, prohibition, and biotechnological innovation that continues to evolve in the arena of transplant immunobiology and clinical transplantation. It challenges the legitimacy of systems of organ donation and transplantation that exist, through critical analysis of underlying theoretical concepts, ethical argument, legal frameworks, transplant biology, and clinical outcome data. Finally, it explores scientific advances in transplant immunobiology and considers whether an extraordinarily sophisticated harmony between nature, adaptation and artificial intervention may make it possible not only to restore complex disease pathology and organ failure, but also to evolve the beings that we are and may become.

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Samól, Katarzyna A. "Hybrid corporate governance: a choice for Poland?" Thesis, Anglia Ruskin University, 2014. https://arro.anglia.ac.uk/id/eprint/581518/1/Samol%20PhD%20thesis.pdf.

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The purpose of the research investigation is to consider the potential opportunities through which corporate governance may be developed to better suit the developing commercial culture within Poland. In order to do this, I formulate the following research questions: ‘What are the weaknesses of the Polish corporate governance system?’, ‘What changes should be made to corporate governance in Poland?’, and ‘Is a hybrid corporate governance model a choice for Poland?’ The concept of hybridisation is fairly new, and involves combining different approaches to corporate governance, eg it embraces combining elements of the board management and monitoring models. I examine several changes to corporate governance that can be called hybrid. They were implemented in South Africa, Japan, Malaysia, the UK and the US. The main focus, however, is put on Polish corporate governance, which I investigate from the angle of those changes. Doctrinal research is combined with a set of interviews conducted with business practitioners in Poland. Interviewees are asked to express their opinion about corporate governance in Poland. Questions are asked in the context of changes that were made to corporate governance in countries mentioned above. The interviews produce results that overlap with the doctrinal research. Polish companies have a highly consolidated share ownership structure, which has a negative influence on the allocation of power between corporate organs. The supervisory board is an organ through which the controlling shareholders extend their power. Under the Company Code 2000, the supervisory board usually appoints and removes members of the management board, and instructs them in the decision making process. The statutes might give a broader scope of powers to the supervisory board. All this results in various forms of expropriation in companies, such as, for example, stealing of profits by governing bodies, overpaying executives, or installing unqualified family members in managerial positions. In general, interviewees are pleased with the currently binding corporate governance in Poland. The majority of them are pessimistic about implementing such large changes in Poland as, for example, a one-tier board system. A significant number of interviewees propose minor changes to the Polish system of corporate governance. It should be highlighted that several non-managerial interviewees turn out to have more liberal approaches to potential changes to corporate governance in Poland. The research fills a gap in knowledge on hybrid corporate governance, as this issue has hardly been touched by the Polish legal doctrine. It also systematises and develops knowledge on hybrid corporate governance worldwide, and develops knowledge on legal transplant.

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5

Samól, Katarzyna A. "Hybrid corporate governance : a choice for Poland?" Thesis, Anglia Ruskin University, 2014. http://arro.anglia.ac.uk/581518/.

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The purpose of the research investigation is to consider the potential opportunities through which corporate governance may be developed to better suit the developing commercial culture within Poland. In order to do this, I formulate the following research questions: ‘What are the weaknesses of the Polish corporate governance system?’, ‘What changes should be made to corporate governance in Poland?’, and ‘Is a hybrid corporate governance model a choice for Poland?’ The concept of hybridisation is fairly new, and involves combining different approaches to corporate governance, eg it embraces combining elements of the board management and monitoring models. I examine several changes to corporate governance that can be called hybrid. They were implemented in South Africa, Japan, Malaysia, the UK and the US. The main focus, however, is put on Polish corporate governance, which I investigate from the angle of those changes. Doctrinal research is combined with a set of interviews conducted with business practitioners in Poland. Interviewees are asked to express their opinion about corporate governance in Poland. Questions are asked in the context of changes that were made to corporate governance in countries mentioned above. The interviews produce results that overlap with the doctrinal research. Polish companies have a highly consolidated share ownership structure, which has a negative influence on the allocation of power between corporate organs. The supervisory board is an organ through which the controlling shareholders extend their power. Under the Company Code 2000, the supervisory board usually appoints and removes members of the management board, and instructs them in the decision making process. The statutes might give a broader scope of powers to the supervisory board. All this results in various forms of expropriation in companies, such as, for example, stealing of profits by governing bodies, overpaying executives, or installing unqualified family members in managerial positions. In general, interviewees are pleased with the currently binding corporate governance in Poland. The majority of them are pessimistic about implementing such large changes in Poland as, for example, a one-tier board system. A significant number of interviewees propose minor changes to the Polish system of corporate governance. It should be highlighted that several non-managerial interviewees turn out to have more liberal approaches to potential changes to corporate governance in Poland. The research fills a gap in knowledge on hybrid corporate governance, as this issue has hardly been touched by the Polish legal doctrine. It also systematises and develops knowledge on hybrid corporate governance worldwide, and develops knowledge on legal transplant.

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6

Braslow, Norman Taylor. "Legal transplants and change : unjust enrichment law in Japan /." Thesis, Connect to this title online; UW restricted, 1997. http://hdl.handle.net/1773/9622.

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León, Hilario Leysser L. "Weak Legal Cultural & Legal Transplants Unificación de la Responsabilidad Civil y otras importaciones cuasidoctrinales de los años noventa." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118190.

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8

Banyubala, Divine Ndonbi. "Organ transplants in Ghana : finding a context-appropriate and practically workable ethico-legal policy framework." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/organ-transplants-in-ghana-finding-a-contextappropriate-andpractically-workable-ethicolegal-policy-framework(7b1cdca8-c006-4645-9014-0a7f7f4c6763).html.

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Ghana is undertaking strenuous efforts to make organ transplantation a routine surgical procedure by the end of 2014. Thus far, some 20 test kidney transplants using living related organ donors have been carried out in Ghana. However the current practice of retrieval, retention and use of (deceased) human organs and tissues following pathological services is not done in accordance with the requirements of existing law. Also, the time of human death, its relationship with obtaining organs for transplant as well as the sociocultural sensitivity Ghanaians attach to death and dying are not explored in that context. Furthermore, there is no coherent examination of the various interests and rights recognised by Ghanaian law in deceased human bodies despite that fact that progress in medicine and biotechnology has recast the value in human biomaterials. Consequently, given that organ transplantation is new to Ghana; that there are no ethical, legal and professional governance frameworks specific to the sector; that there are concerns about a systemic culture of inappropriate retention and use of human body parts following pathological services; that there is illicit trade in human body parts (ova, sperm etc.); and that Ghana is undertaking test kidney transplants in the absence of specific ethical, legal and clinical guidance addressing the controversies surrounding the permissible uses of human organs and tissues; this doctoral thesis argues that examining these ethico-legal controversies within the Ghanaian socio-legal setting constitutes an essential step in the quest for context-appropriate and practically workable regulatory and governance frameworks for the emerging transplant sector in that country. Towards this end, the thesis discusses indigenous thinking around death (Post-mortem Personality Identity Renegotiation (PPIR)), ancestorship and the position of Ghanaian customary law on ownership interests and rights in deceased bodies and their parts and points policy makers to how the socio-legal peculiarities of the Ghanaian regulatory context could be exploited to achieve the dual aims of finding an adequate balance between, on the one hand, protecting individual, family and societal interests, and on the other hand, promoting the social utility aims of organ transplantation and science research. It concludes by proposing that i) the desired regulatory balance could be achieved through legal foresighting, and ii) that any such regulation must affirm the recognition of property interests in (deceased) bodies by Ghanaian customary law as that reflects the cultural, social and constitutional values of the regulatory context.

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Semukhina, Olga B. "RUSSIAN CULTURAL FACTORS RELATED TO PERCEIVED CRIMINAL PROCEDURE FAIRNESS: THE JUXTAPOSITION OF POLICY AND PRACTICE." Doctoral diss., University of Central Florida, 2007. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/3435.

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The purpose of this study is to investigate the relationship between the Russian culture and citizens' perceived fairness of the new Criminal Procedural Code of Russia of 2001 (CPC of 2001). The CPC of 2001 is a key policy in the Russian criminal law reform with the purpose of implementing adversarial procedure elements in Russia. The existing literature has documented the lack of public support along with observed violations of the CPC's major provisions which as made this an important area for study. It is theorized that the apparent contradiction between the underlying values of the Russian culture, and CPC's adversarial procedure that reflects anti-cultural values, are responsible for the lack of substantial public support and acceptance of the CPC of 2001. The theory of motivational values developed by Schwartz (1990) is used as a framework to examine the Russian culture. Damaska's (1986) theory of procedural models is used to examine the adversarial elements of the new CPC of 2001. The group value theory of fairness is employed to examine the relationships between Russian cultural values and the public opinion about the criminal procedural law (Lind & Tyler, 1988). The study used a multi-stage stratified random sample of 1,588 Russian residents to explore the relationship between the culture and the perceived fairness of the CPC of 2001. The sample is representative of the Russian Federation population. The data is analyzed through four structural-equation models, a set of non-parametric tests, and descriptive statistical analysis. The findings of this thesis confirmed that cultural values in Russia are predominantly collective. On average, 69% of Russian respondents reported that collective values play a very important role in their life. The type of prevailing values was dependent on the demographic characteristics of the sample: age, gender, place of residence, level of education, marital status, and household income. It was found that the majority of Russian citizens believe that the inquisitional criminal procedure is an ideal of fair law. On average, 72% supported the inquisitorial procedural model in Russia. Unlike the adversarial procedure, the inquisitorial procedural model is not based on competition between the equal parties of prosecution and defense. Instead, it is viewed as a cooperative process between the judge, prosecutor and defense in their inquiry into the circumstances of the case. The adversarial procedural model was not supported by most citizens. Only 33.5% reported that the adversarial procedural model can be considered fair. The study corroborated that the new CPC was not fully supported by the majority of respondents. An average of 27.5% of respondents in Russia reported that the CPC of 2001 is a fair law, in comparison to 72.5% who think that the CPC of 2001 is unfair. The findings validated that the CPC of 2001's inclusion of adversarial procedural elements contradict key values of the contemporary Russian culture. It is concluded that the CPC of 2001 should be reformed to facilitate citizen acceptance. Greater acceptance will support the attempt to advance the democratization of the criminal process through increased civil rights while simultaneously enhancing positive social control. It is proposed that the planned policy reforms that contain additional elements of the adversarial criminal procedure be introduced in a phased manner. It is also recommended that the adversarial procedure values should be publicized through public awareness educational programs. The data analysis also suggests that confounding factors such as citizen distrust of the criminal justice institutions can contribute to problems associated with acceptance of the criminal law reform. The research model developed for this study can be used to examine policies related to criminal law reform in other former Soviet Union countries.
Ph.D.
Department of Criminal Justice and Legal Studies
Health and Public Affairs
Public Affairs PhD

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Silva, Claudia Freires da. "Avaliação da eficiência das soluções de Belzer (UW) e Celsior® no transplante pancreático / Claudia Freires da Silva ; orientador, João Eduardo Leal Nicoluzzi." reponame:Biblioteca Digital de Teses e Dissertações da PUC_PR, 2009. http://www.biblioteca.pucpr.br/tede/tde_busca/arquivo.php?codArquivo=1996.

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Dissertação (mestrado) - Pontifícia Universidade Católica do Paraná, Curitiba, 2009
Bibliografia: f.[40-45]
Introdução: No intuito de resolver os problemas gerados pela reperfusão dos órgãos no pós transplante, é que novas soluções de preservação ontinuam a serem testados. Celsior® (CS) é uma solução desenvolvido inicialmente para transplantes cardíacos, mas ut
Introduction: In intention to decide the problems generated for the conservation and reperfusion of the organ after transplant, new liquids of conservation continue to be tested. Celsior® (CS) is a liquid developed initially for cardiac transplant but use

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Books on the topic "Legal Transplant"

1

United States. Congress. House. A bill to amend title II of the Social Security Act to provide for Medicare coverage of individuals receiving a heart transplant. Washington, D.C: U.S. G.P.O., 2008.

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Watson, Alan. Legal transplants: An approach to comparative law. 2nd ed. Athens: University of Georgia Press, 1993.

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Private law in Eastern Europe: Autonomous developments or legal transplants? Tübingen: Mohr Siebeck, 2010.

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Jessel-Holst, Christa. Private law in Eastern Europe: Autonomous developments or legal transplants? Tübingen: Mohr Siebeck, 2010.

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Jessel-Holst, Christa. Private law in Eastern Europe: Autonomous developments or legal transplants? Tübingen: Mohr Siebeck, 2010.

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Mertus, Julie. From legal transplants to transformative justice: Human rights and the promise of transnational civil society. Atlanta, Ga: Claus M. Halle Institute for Global Learning, Emory University, 1999.

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Hikakuhō kenkyū no shindankai: Hō no keiju to ishoku no riron = A next stage of studies of comparative law : for theories of reception of law and legal transplants. Tōkyō: Waseda Daigaku Hikakuhō Kenkyūjo, 2003.

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Schacherreiter, Judith. Das Landeigentum als Legal Transplant in Mexiko. Mohr Siebeck, 2014. http://dx.doi.org/10.1628/978-3-16-153047-0.

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Bartie, Susan, and David Sandomierski, eds. American Legal Education Abroad. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479803583.001.0001.

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Throughout the twentieth century, elite US law schools have been presented as sites of power, admiration, influence and envy. Robert Stevens, in the opening of his seminal 1983 work Law School, suggested that foreign lawyers looked wistfully at elite US law schools. At a time when US political institutions—and even law schools—seem to have lost much of their former global luster, this book investigates whether in reality the elite US models ever proved so attractive to foreigners. Collectively the contributions cast doubt on traditional narratives that point toward the globalization or homogenization of legal education. They challenge the idea that many educators beyond the United States believed that the adoption of American models would lead to better legal education and scholarship, better legal systems, better lawyers, and better governance. And they illuminate the cultural and political significance of attempts to transplant US models. The book consists of historical examinations of American contacts within legal education in fourteen countries: China, Japan, Israel, the Philippines, Nigeria, Kenya, Ghana, France, Brazil, Sweden, Estonia, England, Australia, and Canada. And it includes critical commentary from two leading American law professors, along with a founding chapter from Bruce Kimball, the leading historian of Harvard Law School.

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Breda, Vito, ed. Legal Transplants in East Asia and Oceania. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108605991.

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Book chapters on the topic "Legal Transplant"

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Wallinga, Tammo. "A legal transplant." In Comparative Law, 122–35. Abingdon, Oxon; New York, NY: Routledge, 2019. |: Routledge, 2019. http://dx.doi.org/10.4324/9780429423246-9.

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Zhang, Tietie. "A history of legal transplant." In Ad Hoc Arbitration in China, 14–38. Abingdon, Oxon [UK]; New York, NY: Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351185837-2.

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Friedman, Eli A. "“Gift” for Transplant Priority." In Legal and Ethical Concerns in Treating Kidney Failure, 124–30. Dordrecht: Springer Netherlands, 2000. http://dx.doi.org/10.1007/978-94-011-4355-4_14.

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4

Friedman, Eli A. "Child to Parent Kindey Transplant." In Legal and Ethical Concerns in Treating Kidney Failure, 131–36. Dordrecht: Springer Netherlands, 2000. http://dx.doi.org/10.1007/978-94-011-4355-4_15.

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Chen, Jianfu. "Modernisation, Westernisation, and Globalisation: Legal Transplant in China." In One Country, Two Systems, Three Legal Orders - Perspectives of Evolution, 91–114. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-540-68572-2_4.

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Waelkens, Laurent. "11. Legal Transplant of Greek Caesaropapism in Early Modern Times." In Law and Religion, 213–30. Göttingen: Vandenhoeck & Ruprecht, 2014. http://dx.doi.org/10.13109/9783666550744.213.

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McCall, Maria, and Linda S. Wright. "The Regulatory and Legal Environment of a Contemporary Kidney Transplant Program." In Contemporary Kidney Transplantation, 1–5. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-14779-6_23-1.

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McCall, Maria, and Linda S. Wright. "The Regulatory and Legal Environment of a Contemporary Kidney Transplant Program." In Contemporary Kidney Transplantation, 329–33. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-19617-6_23.

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Ajani, Gianmaria. "Legal Transplants." In Encyclopedia of Law and Economics, 1282–88. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_731.

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Ajani, Gianmaria. "Legal Transplants." In Encyclopedia of Law and Economics, 1–7. New York, NY: Springer New York, 2018. http://dx.doi.org/10.1007/978-1-4614-7883-6_731-1.

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Conference papers on the topic "Legal Transplant"

1

Mladenović, Tamara. "Etički i pravni aspekti uzimanja organa od umrlih maloletnih lica." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.483m.

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Abstract:

Organ transplantation, as an extremely demanding, but impоrtant medical intervention, has always provided significant scope for opposing different legal and ethical principles. That scope is being expanded by considering the possibility that a sensitive category of persons, such as minors, may appear in the role of donor. While transplantation of organs from living minors is prohibited for the above reasons, cadaveric transplantation of organs from deceased children is legal in the law of the Republic of Serbia. This paper analyzes precisely such legally regulated organ donation, which implies the possibility of the appearance of a deceased minor as a donor. While, on the one hand, there is a growing need to take organs from children in order to transplant them and preserve the life of another child of appropriate age, such a decision has a significant emotional impact, above all, on the parents of the child. Keeping in mind that parents appear as the only authorized holders of the right to decide on the transplantation of an organ of a deceased minor, it is necessary to analyze the legal nature of the rights they have on the body and organs of the child. Also, it is necessary to point out the importance of more precise legal regulation of the conditions under which such transplantation can be performed, as well as the necessity of ensuring the autonomy of the will of the minor in terms of organ donation, which he could achieve for life.

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2

Mladenović, Tamara. "Etički i pravni aspekti uzimanja organa od umrlih maloletnih lica." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.483m.

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Abstract:

Organ transplantation, as an extremely demanding, but impоrtant medical intervention, has always provided significant scope for opposing different legal and ethical principles. That scope is being expanded by considering the possibility that a sensitive category of persons, such as minors, may appear in the role of donor. While transplantation of organs from living minors is prohibited for the above reasons, cadaveric transplantation of organs from deceased children is legal in the law of the Republic of Serbia. This paper analyzes precisely such legally regulated organ donation, which implies the possibility of the appearance of a deceased minor as a donor. While, on the one hand, there is a growing need to take organs from children in order to transplant them and preserve the life of another child of appropriate age, such a decision has a significant emotional impact, above all, on the parents of the child. Keeping in mind that parents appear as the only authorized holders of the right to decide on the transplantation of an organ of a deceased minor, it is necessary to analyze the legal nature of the rights they have on the body and organs of the child. Also, it is necessary to point out the importance of more precise legal regulation of the conditions under which such transplantation can be performed, as well as the necessity of ensuring the autonomy of the will of the minor in terms of organ donation, which he could achieve for life.

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