Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogAhdieh on Intersystemic Governance & Modern Jurisdiction
By Lawrence Solum
Robert B. Ahdieh (Emory University School of Law) has posted From Federalism to Intersystemic Governance: The Changing Nature of Modern Jurisdiction (Emory Law Journal, Vol. 57, No. 1, 2007) on SSRN. Here is the abstract:
At heart, this introductory essay aspires to encourage scholars who write in widely divergent areas, yet share a focus on the changing nature of jurisdiction, to engage one another more closely. From Jackson's study of "convergence, resistance, and engagement" among courts, Kingsbury's study of "global administrative law," and Bermann's analysis of "transatlantic regulatory cooperation," to Resnik's evaluation of "trans-local networks," Weiser's account of "cooperative federalism" in telecommunications law, and Thompson's concept of "collaborative corporate governance," a related set of questions is ultimately at stake: How ought we understand the reach of any given decision-maker's jurisdiction? What are the implications of increasing overlap in such jurisdiction? And how should such overlap be "resolved"?
With an eye to encouraging heightened engagement among the wide range of scholars attentive to these questions, I draw on the diverse set of papers published in a recent symposium on "The New Federalism: Plural Governance in a Decentered World" - by David Bederman, Bill Buzbee, Charles Koch, Judith Resnik, Robert Schapiro, Mark Tushnet, and Ernie Young - to explore potential elements of a modern conception of jurisdiction. I highlight four features as particularly standing out in the collected works: (1) A pervasive sense of complexity and an emphasis on jurisdictional overlap as a critical source of that complexity; (2) A perhaps resulting attention to dynamics of coordination in law and regulation; (3) Suggestion of a certain interdependence of regulatory actors; and (4) An orientation to dynamics of persuasion, rather than more hierarchical mechanisms of regulatory control. Individually, these elements represent interesting and potentially useful subjects of study. Operating in conjunction, they would seem to represent something quite new in the nature (and study) of jurisdiction, offering a framework for future research, perhaps particularly across the otherwise divided scholarly spheres noted above.
Full post as published by Legal Theory Blog on April 18, 2008 (boomark / email).

Emory Law Journal, 57:1 (December 2007)
Introducing Guest Blogger Robert Ahdieh
Allen on Modern Corporate Governance
Constraint vs. Efficacy in the Study of State Action
Former Chancellor Allen on Corporate Governance and Delaware Corporate Law







