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Academic

: Legal Theory Blog

Kawakami on Legal Transplants

By Lawrence Solum

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Mark T. Kawakami (TICOM) has posted Diffusion of Regulatory Dualism: Making Legal Transplants Feasible and its Impact on Legal Convergence on SSRN. Here is the abstract:

The subject of legal transplants, particularly as it pertains to corporate governance and capital market regulations, is comprised largely of skeptics who doubt the practicality or the effectiveness of a country simply emulating the laws of another. This debate has spilled over to the subject of legal convergence and whether legal transplants contribute to the harmonization process. This thesis will first provide a brief overview of the problems and existing solutions associated with transplanting capital market regulations. Then, it will proceed to offer a different approach to transplanting capital market regulations by incorporating the concept of regulatory dualism. This approach will likely increase efficiency and improve the likelihood of successfully transplanting a law across borders. The thesis will conclude by arguing that this proposed method will steadily contribute to the harmonization of laws, without sacrificing the essence of each country?s history or diluting the impact of regulatory competition.

Full post as published by Legal Theory Blog on July 08, 2010 (boomark / email).