finally, although our first class on august 30 may be your first … law... · 2018-03-28 ·...
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LAW AND DEVELOPMENT (LAW-LW.10295.001)
Fall 2017
Wednesday 2:10-4:00 and Friday 12-1:50
FH 210
Frank K. Upham
Vanderbilt Hall Room 502
Phone 212-998-6243
Email [email protected]
COURSE SYLLABUS
This syllabus is tentative but will give you an idea of what topics we will
cover and in what order. The readings through Topic V (Legal Theories of
Development) are relatively firm, but those thereafter are subject to change if I find
more appropriate or current material. The specific dates are similarly tentative
since I may substitute a guest lecturer for one or more of the later topics if an
attractive target of opportunity appears. As changes are made, a revised syllabus
will be posted so that by the end of the course, the posted syllabus will be an
accurate record of what we have covered (and what will be on the take-home
exam).
I have posted and listed below more material than I will assign, so please be
attentive to specific assignments that I will provide by email in advance of class. I
have included these readings because you may find them informative and useful
for further research.
Finally, although our first class on August 30 may be your first class of
the semester, we will discuss the Carothers reading, so please make every
effort to take a look at it, however cursorily.
I. INTRODUCTION: CONCEPTIONS OF LAW
Thomas Carothers, The Rule of Law Revival, FOREIGN AFFAIRS, 1998.
Ibrahim F.I. Shihata, The World Bank and “Governance” Issues in its Borrowing
Members, in THE WORLD BANK IN A CHANGING WORLD, pp. 53-54
and 85.
Trubek, David M. "Max Weber on Law and the Rise of Capitalism" (1972).
Faculty Scholarship Series. Paper 4001.
http://digitalcommons.law.yale.edu/fss_papers/4001, pp. 720-721 and 724-
731.
Law and Development Fall 2017 Page 2
II. CONCEPTIONS OF DEVELOPMENT
William Easterly, THE ELUSIVE QUEST FOR GROWTH: ECONOMISTS’
ADVENTURES AND MISADVENTURES IN THE TROPICS (MIT Press,
2002), pp. 5-15.
U.N., THE MILLENNIUM DEVELOPMENT GOALS REPORT 2015, pp. 14–17.
Joseph Stiglitz, The Ethical Economist, FOREIGN AFFAIRS,
November/December, 2005.
Amartya Sen, DEVELOPMENT AS FREEDOM, (New York: Knopf, 1999), pp.
3-53.
Jerome Segal, The Politics of Simplicity; American Way of Life, TIKKUN, July,
1996.
Karl Polanyi, Satanic Mill, in THE GREAT TRANSFORMATION: THE
POLITICAL AND ECONOMIC ORIGINS OF OUR TIME (1944), pp. 103-
118.
Zhang Meng, The Piano in a Factory (film)
Arturo Escobar, ENCOUNTERING DEVELOPMENT: THE MAKING AND
UNMAKING OF THE THIRD WORLD (Princeton U. P., 1995), pp. 3-10.
III: ECONOMIC THEORIES OF DEVELOPMENT
Mancur Olson, Big Bills Left on the Sidewalk: Why Some Nations are Rich, and
Others Poor, 10 J. ECON. PERSP. 3-24 (1996).
Douglass C. North, The New Institutional Economics and Third World
Development, in THE NEW INSTITUTIONAL ECONOMICS AND
THIRD WORLD DEVELOPMENT 17-27 (J. Harriss et al. Eds., 1995).
Edward L. Glaeser, Giacomo A. M. Ponzetto and Andrei Shleifer, Securing
Property Rights (unpublished paper presented at the Law and development
Colloquium, NYU Law School, February 23, 2017)
Frank K. Upham, Physics Envy: Property Rights in Development Theory, in THE
GREAT PROPERTY FALLACY (Forthcoming, Cambridge UP, 2018), pp.
1-7 and 12-23.
IV: CULTURAL THEORIES OF DEVELOPMENT
James S. Coleman, Social Capital in the Creation of Human Capital, 94 AM. J.
SOCIOL. (Supplement) (1988), pp. S95-S120.
Law and Development Fall 2017 Page 3
Francis Fukuyama, Social Capital, in CULTURE MATTERS: HOW VALUES
SHAPE HUMAN PROGRESS (Lawrence E. Harrison & Samuel P.
Huntington, eds. 2000), pp. 98-111.
Aaron Wildavsky, How Cultural Theory Can Contribute to Understanding and
Promoting Democracy, Science and Development, CULTURE AND
DEVELOPMENT IN AFRICA (World Bank/IBRD 1994), pp. 137-144,
147-150, and 153-158.
Lawrence E. Harrison, WHO PROSPERS? HOW CULTURAL VALUES SHAPE
ECONOMIC AND POLITICAL SUCCESS (Basic Books, 1992), pp. 106-
116.
Daniel Etounga-Manguelle, Does Africa Need a Cultural Adjustment Program? In
CULTURE MATTERS: HOW VALUES SHAPE HUMAN PROGRESS
(Lawrence E. Harrison & Samuel P. Huntington, eds. 2000), pp. 65-77.
S. A. Marglin, Towards the Decolonization of the Mind, in DOMINATING
KNOWLEDGE: DEVELOPMENT, CULTURE, AND RESISTANCE
(Frédérique Apffel Marglin and Stephen A. Marglin, eds. (Oxford, 1990),
pp. 3-28.
Alexander de Tocqueville, Relationships Between Civil and Political Associations
and How the Americans Combat Individualism by Doctrine of Self-Interest
Properly Understood in DEMOCRACY IN AMERICA, PP.520-528.
V: LEGAL THEORIES OF DEVELOPMENT
V (A) LEGAL CULTURE: COWBOYS AND GAUCHOS
George Stevens, Shane (1953)
Leonardo Favio, Juan Moreira (1973)
Martin Bohmer, An Oresteia for Argentina: Between Fraternity and the Rule of
Law in LAW AND DEMOCRACY IN THE EMPIRE OF FORCE
V (B) LEGAL ORIGINS
(1) Legal Families
* Rafael La Porta et al., The Economic Consequences of Legal Origins, Journal of
Economic Literature 285-322 (2008), pp. 285-302, 323-327.
*Prah v. Maretti
*Mitamura v. Suzuki
(2) The Influence of Colonialism
Law and Development Fall 2017 Page 4
Mahmood Mamdani, CITIZEN AND SUBJECT: CONTEMPORARY AFRICA
AND THE LEGACY OF LATE COLONIALISM, (Princeton U. P., 1996),
chapters 1, 3, 4, & 8, pp. 3-34, 62-137, and 285-301. Read 62-82, 102-108,
and 109-137 for class. The rest is supplemental reading.
Atul Kohli, Where Do High-Growth Political Economies Come From? The
Japanese Lineage of Korea’s “Developmental State,” in THE
DEVELOPMENTAL STATE, Meredith Woo-Cumings ed. (Cornell U. P.,
1999), pp. 93-136.
(3) Islamic Law
*Timur Kuran, The Long Divergence (2011), pp. 279-302 (Chapter 14)
*Coşgel, Metin M., The Political Economy of Law and Economic Development in
Islamic History, in Jan Luiten van Zanden and Debin Ma, eds. LAW AND
LONG-TERM ECONOMIC CHANGE, Stanford University Press, 2011,
pp. 158-77.
V (C) THE LAW AND DEVELOPMENT MOVEMENTS
David M. Trubek & Marc Galanter, Scholars in Self-Estrangement: Some
Reflections on the Crisis in Law and Development Studies in the United
States, 4 WIS. L. REV. 1062-64 and 1070-end (1974).
*David M. Trubek, LAW AND DEVELOPMENT: FORTY YEARS AFTER
‘SCHOLARS IN SELF-ESTRANGEMENT’, 66 U. of Toronto LJ, 301-330
(Summer 2016).
V (D) SEEING LIKE A LEGAL REFORMER?
James Scott, SEEING LIKE A STATE, (Yale U. P., 1998), Introduction and
Chapter 1, pp. 1-8, 11-15, 20-23, 30-37, and 44-52.
Hernando de Soto, The Costs and Importance of the Law, in THE OTHER PATH
(1996), pp. 131-187.
D. Kaufmann, A. Kraay, and P. Zoido-Lobaton, Governance Matters (World Bank
Policy Research Working Paper 2196) (October, 1999).
D. Kaufmann, Rethinking Governance Matters: Empirical Lessons Challenge
Orthodoxy (March 2003).
Stephen Golub, Beyond Rule of Law Orthodoxy: The Legal Empowerment
Alternative, pp. 3-4, 7-19 (for background), 19-21, 25-41.
Review Shihata, The World Bank and “Governance” Issues in its Borrowing
Members, in THE WORLD BANK IN A CHANGING WORLD, pp. 53-54
and 85.
Law and Development Fall 2017 Page 5
VI: MARKETS AND MERCANTILISM
VI (A): THE DEVELOPMENTAL STATE
(1) The Old Developmental State: East Asia
T. J. Pempel, The Developmental Regime in a Changing World Economy, in THE
DEVELOPMENTAL STATE (Meredith Woo-Cummings ed 1999), pp. 137-
181.
John K. M. Ohnesorge, The Rule of Law, Economic Development and the
Developmental States of Northeast Asia, in LAW AND DEVELOPMENT
IN EAST AND SOUTHEAST ASIA (1999).
Frank K. Upham, The Man Who Would Import: a Cautionary Tale about Bucking
the System in Japan, 17 THE JOURNAL OF JAPANESE STUDIES 323
(1991).
Supplemental Reading
Daniel Bell, Confucian Constraints on Property Rights.
Donald Clarke, Economic Development and the Rights Hypothesis: The China
Problem.
(2) The New Developmental State: Brazil
David M. Trubek, Law, State, and the New Developmentalism: An Introduction, in
LAW AND THE NEW DEVELOPMENTAL STATE (Trubek, Garcia,
Coutinho, and Santos, eds., 2013), pp. 3-27.
David M. Trubek, Diego R. Coutinho, and Mario G. Schapiro, , New State
Activism and the Challenge for Law, in LAW AND THE NEW
DEVELOPMENTAL STATE (Trubek, Garcia, Coutinho, and Santos, eds.,
2013), pp. 28-61.
VI (B): STRUCTURAL ADJUSTMENT IN RUSSIA AND BEYOND
(1) Russia
James K. Galbraith, Shock without Therapy, THE AMERICAN PROSPECT,
VOL. 13, ISSUE 15 (26 AUG 2002).
Marshall Pomer, Introduction, Kenneth Arrow, The Role of Time, and Victor
Polterovich, Institutional Traps, in THE NEW RUSSIA: TRANSITION
GONE AWRY (Lawrence R. Klein and Marshall Pomer, eds. 2001), 1-11,
85-91, and 93-116.
Supplemental Reading
Law and Development Fall 2017 Page 6
David Lipton and Jeffrey Sachs, Privatization in Eastern Europe: The Case of
Poland, BROOKINGS PAPERS ON ECONOMIC ACTIVITY 1990, NO. 2
(1990), pp. 80-89, 99-103, and 138-142.
Stanley Fischer, Socialist Economy Reform: Lessons of the First Three Years, THE
AMERICAN ECONOMIC REVIEW 83, NO. 2 (MAY 1993), pp. 390-393.
(2) Beyond
Thomas Biersteker, Reducing the Role of the State in the Economy: A Conceptual
Exploration of the IMF and World Bank Prescriptions, INTERNATIONAL
STUDIES QUARTERLY 34, NO. 4 (DEC 1990), 477-492.
Abdi Ismail Samatar, Structural Adjustment as Development Strategy? Bananas,
Boom, and Poverty in Somalia, ECONOMIC GEOGRAPHY 69, NO. 1,
AFRICAN DEVELOPMENT (JAN 1993), 25-43.
Black, Life and Debt (2001).
Supplemental Reading
Joseph Stiglitz, Post Washington Consensus, THE INITIATIVE FOR POLICY
DIALOGUE.
Lawrence H. Summers, Lant H. Pritchett, The Structural Adjustment Debate, THE
AMERICAN ECONOMIC REVIEW 83, NO. 2 (MAY 1993), 383-389.
Joseph Stiglitz, GLOBALIZATION AND ITS DISCONTENTS (2003), 53-88.
Maxwell Cameron, Lisa North, Development Paths at a Crossroads: Peru in Light
of the East Asian Experience, LATIN AMERICAN PERSPECTIVES 25,
NO. 5 (SEP 19980, 50-66.).
Structural Adjustment Participatory Review International Network (SAPRIN), The
Policy Roots of Economic Crisis and Poverty: A Multi-Country
Participatory Assessment of Structural Adjustment (April 2002). Ch 5, 91-
110; CHAP 9, 173-188.
VII. LAW AND …
VII (A): PROPERTY RIGHTS IN DEVELOPMENT
Pennsylvania Coal Company v. Sanderson and Wife.
Yingyi Qian, How Reform Worked in China in Dani Rodrik, ed., IN SEARCH OF
PROSPERITY: ANALYTIC NARRATIVES ON ECONOMIC GROWTH
(PUP, 2003), pp. 297-314 and 322-331.
Shitong Qiao, Planting Houses.
Law and Development Fall 2017 Page 7
VII (B): LAW AND FORMALITY
Daniel Fitzpatrick, Evolution and Chaos in Property Rights Systems: The Third
World Tragedy of Contested Access, 115 THE YALE LAW JOURNAL
(2006), pp. 996-1048.
Edesio Fernandez, Regulations of Informal Settlements in Latin America
Background Reading
Hernando De Soto, THE MYSTERY OF CAPITAL, pp. 153-161,163, 166, 180-
187, 189-197.
Supplemental Reading (Chose one for class discussion report)
Winter King, Illegal Settlements and the Impact of Titling Programs.
Van Rooij, B. "Rural Land Acquisition Conflicts in China, Illustrated by Cases
from Yunnan Province." In Land Tenure Legalization, Country Studies and
Cases, edited by Janine Ubink, A J Hoekema and Willem Assies.
Amsterdam: Leiden University Press, 2009.
Ann Varley, A New Model of Urban Land Regularisation in Mexico? The Role of
Oppositional Government, THE EUROPEAN JOURNAL OF
DEVELOPMENT RESEARCH (Vol. 11, No. 2, December 1999), pp. 235-
261.
James Holston, The Misrule of Law: Land and Usurpation in Brazil, 33(4)
COMPARATIVE STUDIES IN SOCIETY AND HISTORY, pp. 695-709,
709-720 (skim only), and 720-725 (1991).
Erica Field, Entitled to Work: Urban Property Rights and Labor Supply in Peru
(2002) pages 1-7 and 22-37
http://www2.gsb.columbia.edu/divisions/finance/seminars/micro/spring_03/
Field_paper.pdf.
Victor E. Tokman, The Informal Sector in Latin America: From Underground to
Legality, in BEYOND REGULATION: THE INFORMAL ECONOMY IN
LATIN AMERICA (Victor E. Tokman, ed., 1992), pp.3-20.
Martha Chen, Rethinking the Informal Economy, Paper presented at the EGDI and
UNU-WIDER Conference, Unlocking Human Potential: Linking the
Informal and Formal Sectors, 17-18 September 2004, Helsinki, Finland
Available at
http://www.wiego.org/papers/2005/unifem/5_Chen_WIDER_paper.pdf.
Malcolm H. Dunn, Privatization, Land Reform, and Property Rights: The Mexican
Experience, 11 CONSTITUTIONAL POLITICAL ECONOMY, pp. 215-
230 (2000).
Law and Development Fall 2017 Page 8
VII (C): LAW AND MARKETS: COMPETITION LAW
Dina Waked, Competition or Concentration? Old Debate with New Implications
for Antitrust Enforcement in Developing Countries (unpublished paper
presented at the Law and development Colloquium, NYU Law School,
February 16, 2017).
VII (D): LAW AND GOVERNANCE
(1) Corruption
*Benjamin A. Olken & Rohini Pande, Corruption in Developing Countries,
Annual Rev. Econ. (2012), pp. 480-81, 491-507.
*International Centre for Settlement of Investment Disputes (ICSID): World Duty
Free v. Kenya, 46 I.L.M. 339, 340-41, 46 I.L.M. 339 (2007), 356-371 (pp.
22-38 in PDF).
*Macabe Keliher & Hsinchao Wu, How to Discipline 90 Million People, THE
ATLANTIC, Apr. 7, 2015.
*Jacinta Anyango Oduor et al., Stolen Asset Recovery Initiative (STAR), LEFT
OUT OF THE BARGAIN: SETTLEMENTS IN FOREIGN BRIBERY
CASES AND IMPLICATIONS FOR ASSET RECOVERY, pp. 1-5.
Background Reading
Pranad Bardhan, Corruption and Development: A Review of the Issues, in
JOURNAL OF ECONOMIC LITERATURE, Vol. 35, No. 3 (September,
1997), pp. 1320-1346.
Supplemental Reading
Jean Ensminger, Getting to the Bottom of Corruption: An African Case Study in
Community Driven Development [hard copy only, not for circulation].
(2) Creating Legal Institutions (Mainly China)
Zhang Yi-mo, The Story of Qiu Zhu (film)
Lubman, pp. 102-137 (You need only skim 113-116 and 118-122).
Upham, Who Will Find the Defendant if He Stays with His Sheep? Justice in Rural
China, 114 Yale L. Jo. (2005), pp. 1675-1718.
US Agency for International Development, USAID-RDMA-486-12-000026-RFA,
New China Rule of Law Program (June 18, 2012).
U.S-Asia Law Institute and PILnet: The Global Network for Public Interest, The
Comprehensive Access to Justice Project: Improving Access to Justice for
China’s Poor and Disadvantaged (July, 2012).
Jed Kroncke, Introduction, TAMING IMAGINARY DRAGONS (Forthcoming)
Galanter and Krishnan, Debased Informalism: Lok Adalats and Legal Rights in
Modern India in Jensen and Heller, eds., BEYOND COMMON
Law and Development Fall 2017 Page 9
KNOWLEDGE: EMPIRICAL APPROACHES TO THE RULE OF LAW
(2003).
VIII: GLOBALIZATION AND DEVELOPMENT
VIII (A): MAKING LEGAL SYSTEMS COMPARABLE
Kevin E. Davis, Benedict Kingsbury, and Sally Engle Merry, Introduction: Global
Governance by Indicators in Governance by Indicators: Global Power
through Quantification and Rankings (Davis et al. eds) (Oxford, 2012), pp.
4-21.
World Bank Group, Doing Business 2015: Going Beyond Efficiency (12th ed.),
pp. v-x, 17-23.
Daniel Kaufmann, et al., The World Bank Development Research Group,
Governance Matters VIII: Aggregate and Individual Governance Indicators
1996-2008, pp. 1-10, 12-17, fig. 1, tbl. 1
World Justice Project, Rule of Law Index 2015, pp. 5-6, 9-18.
VIII (B): TRADE AND DEVELOPMENT
Dani Rodrik, Trade as if Development Really Mattered, in In Search of Prosperity:
Analytic Narratives on Economic Growth (edited), Princeton University
Press, 2003.
Alvaro Santos, Carving Out Policy Autonomy for Developing Countries in the
World Trade Organization: The Experience of Brazil and Mexico, in LAW
AND THE NEW DEVELOPMENTAL STATE (Trubek, Garcia, Coutinho,
and Santos, eds., 2013), pp. 167-245.
Zachary Elkins, Andrew T. Guzman, Beth Simmons, Competing for Capital: The
Diffusion of Bilateral Investment Treaties, 1960-2000, 2008 U. Ill. L. Rev.
265 (2008).
*Tecnicas Medioambientales Tecmed S.A. v. The United Mexican States (ICSID
CASE No. ARB (AF)/00/2), Award of 29 May 2003.
VIII (C): FOREIGN LEGAL ASSISTANCE
Poverty, Inc.: Fighting poverty is big business. But who profits the most? (film)
Bernard Black and Reinier Kraakman, A Self-Enforcing Model of Corporate Law,
109 Harv. L. R. 1911 (1996).
Bernard Black, Reinier Kraakman, and Anna Tarassova, Russian Privatization and
Corporate Governance: What Went Wrong? 52 Stanford L. R. 1731 (1999-
2000).
Law and Development Fall 2017 Page 10
Trzcinski and Upham, The Integration of Conflicting Donor Approaches: Land
Law Reform in Cambodia
Choose One of the Following:
o *World Bank. The Inspection Panel. Investigation Report Cambodia:
Land Management and Administration Project (Credit No. 3650 -
KH) (Report Number 58016), World Bank, November 23, 2010.
O *World Bank. The Inspection Panel, Investigation Report No 56565-
PA, Panama: Land Administration Project (Loan No. 7045-PAN),
September 16, 2010.
O *National Human Rights Commission of Thailand, Findings Report
No. 115/2558, March 10, 2015.
VIII (D): POLITICS AND DEVELOPMENT
(1) International Human Rights and Development
*Philip Alston, Ships Passing in the Night: The Current State of the Human rights
Debate seen Through the Lens of the Millennium Development Goals, 27
(2005) Human Rights Quarterly 755-829.
* Philip Alston, How Seriously Does China Take Economic and Social Rights?
(Unpublished paper)
(2) Are Authoritarian States Better at Development? *Acemoglu and Robinson, WHY NATIONS FAIL, Chapters 2 and 3, pp. 45-95.
*Ginsberg and Moustafa, RULE BY LAW: THE POLITICS OF COURTS IN
AUTHORITARIAN REGIMES, Ch. 1, pp. 1-22.
*Issacharoff, Fragile Democracies
*Alex Wang, Cadre Evaluation or Symbolic Environmentalism
IX: CONCLUDING THOUGHTS
William Easterly, The Ideology of Development, FOREIGN POLICY (July/August
2007), page 31.
Law and Development Fall 2017 Page 11
INTRODUCTION TO THE COURSE
There is no text for the course. Reading materials will be available on NYU
Classes or a link will be provided where you can access the materials online.
My administrative assistant is Mina Kwon. Her phone is 212-992-8848; her
email is <[email protected]> and her desk is located on the fifth floor
outside my office.
My office hours are 11-12 Wednesdays and 10-11 Fridays, at least initially.
You do not need an appointment during office hours, but an appointment will
ensure that you get precedence over those just dropping by. You can also make an
appointment to see me at other times or just stop by. All appointments should be
made through Mina.
I am also available to meet informally with groups of students out of class.
If you are interested, please email Mina.
Summary of the Course
The best guide to the course is the initial syllabus available on NYUClasses.
There will be changes as the semester goes along. For one thing, I hope to get
some outside speakers on particular topics, but the first half of the course is pretty
set.
Law and development as an academic subject is relatively new, and there is
no consensus on the content of the course. My emphasis is on the role of domestic
law and legal institutions in the process of social and economic development rather
than the international law or trade perspectives. In that sense the course is more
comparative law than international law. My approach is fundamental and broad.
By the former, I mean that I begin with the definitions of “development” and “law”
and questions such as whether development as normally conceived is a good thing.
By broad I mean that I include economic and cultural theories of development as
well as legal ones. This approach inevitably means that we spend less time on
specific legal topics than I would like. It also means, however, that the course can
serve as a framework for more focused courses or independent research. To put
theories of development in context, we pay more attention to the experience of
specific countries in specific circumstances than we do evaluating the same issues
using aggregate quantitative data, although you will be exposed to both
perspectives. My own experience is in land law and the legal systems of East Asia,
but I try to give other topics and regions equal weight and I welcome those of you
with experience to help compensate (gently) for my biases.
Law and Development Fall 2017 Page 12
Requirements, Credits, etc.
Students will be expected to do the reading and participate actively in class.
I call on people at random for their reactions to the reading or class discussion.
Class participation will count for 20% of the final grade.
The exam will consist of a take-home exam, for which you will have the
entire exam period.
A limited number of students may be able to write a research paper in lieu of
the exam, but only after getting my permission. If you write a paper, you will not
have to do the take-home exam, but you will still be expected to attend class and
do the reading. Students who want to do a paper should see me as soon as they are
sure that they want to do so. Selection of students will depend not only on timing,
but also on the nature of the topic and my suitability as advisor.
If you are a JD student who wishes to use the paper to satisfy your
“substantial writing” requirement, you should register for the “writing credit” for
the course. LLM students and JD students not concerned with satisfying the
“substantial writing” requirement don’t have to worry about this bureaucratic
formality. Just make sure that you have my permission and that my assistant and I
know that you are writing a paper and will not be doing the take-home exam. The
deadline for the paper will be individually determined and need not be at the end of
the fall semester. Please note, however, that a later deadline may require the filing
of an incomplete for the course.
Law and Development Fall 2017 Page 13
Tentative Class Schedule
Please note that classes on October 27 and November 3 and 11 have been re-
scheduled for Mondays as noted below with an *. If these are inconvenient for a
significant number of students, we will find other times. Also, note that there are
four Monday make-up classes because the make-up block is not as long as our
regular block. I hope to combine some classes so that we will not have to meet an
extra time.
This schedule is tentative and will almost certainly be changed. Law and
development is an extremely broad subject and my expertise does not come close
to encompassing what we will cover. For that reason, we will have several guest
lecturers, and I will re-schedule classes to fit their needs. That said, the following
will give you at least a preliminary idea of the order of topics and coverage.
Classes 1 and 2: Wednesday, August 30 and Friday, September 1, 2017 I: INTRODUCTION: CONCEPTIONS OF LAW
Classes 3 and 4: Wednesday, September 6* (a legislative Monday), and
Friday, September 8 II: CONCEPTIONS OF DEVELOPMENT
Classes 5 and 6, Monday* and Wednesday, September 11 and 13 III: ECONOMIC THEORIES OF DEVELOPMENT
Classes 7 and 8: Friday and Wednesday, September 15 and 20
IV: CULTURAL THEORIES OF DEVELOPMENT
Class 9: Friday, September 22 V (A): LEGAL THEORIES OF DEVELOPMENT: LEGAL CULTURE
Classes 10 and 11: Wednesday and Friday, September 27 and 29 V (B): LEGAL ORIGINS
Class 12: Wednesday, October 4 V (C): THE LAW AND DEVELOPMENT MOVEMENTS
Class 13: Friday, October 6 V (D): LEGAL THEORIES OF DEVELOPMENT: SEEING LIKE A LEGAL REFORMER
Classes 14 and 15: Wednesday and Friday, October 11 and 13
Law and Development Fall 2017 Page 14
VI (A): MARKETS AND MERCANTILISM: THE EAST ASIAN DEVELOPMENTAL
STATE
Classes 16 and 17 Wednesday and Friday, October 18 and 20 VI (B): MARKETS AND MERCANTILISM: STRUCTURAL ADJUSTMENT AND SAP
Class 18: Monday*, October 23 VI (C): MARKETS AND MERCANTILISM: COMPETITION LAW
Classes 19-22: Wednesday, October 25, through Wednesday, November 15 VII: LAW AND GOVERNANCE: PROPERTY RIGHTS, INFORMALITY, AND
CORRUPTION
Class 23: November 17 VIII (A): GLOBALIZATION AND DEVELOPMENT: FOREIGN LEGAL ASSISTANCE
NATALIE LICHTENSTEIN ON THE AIIB
Class 24: Friday, November 22 VIII (B): GLOBALIZATION AND DEVELOPMENT: MAKING LEGAL SYSTEMS
COMPARABLE
Class 25: Monday*, November 27
VIII (C): GLOBALIZATION AND DEVELOPMENT: TRADE AND DEVELOPMENT
Class 26: Wednesday, November 29 VIII (D): GLOBALIZATION AND DEVELOPMENT: FOREIGN LEGAL ASSISTANCE
(WITH IRA BELKIN AND SHARON HOM)
DRL REQUEST FOR SOI AND USALI DRL-SOI AND
http://www.ichrp.org/files/reports/68/181_evaluating_hr_work_report.pdf
Classes 27-28: Friday and Wednesday, December 1 and 6
IX: POLITICS AND DEVELOPMENT
Class 29: Friday, December 8 X: CONCLUDING THOUGHTS