Many married women with separate property held their property as stock‐in‐trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.

Pierson v. Post (1805) has long puzzled legal teachers and scholars. This article argues that the appellate report was the product of the intellectual interests (and schooling) of the lawyers and judges involved in the case. They converted a minor dispute about a fox into a major argument in order to argue from Roman and other civil law sources on how to establish possession in wild animals, effectively crafting an opportunity to create new law for New York State. This article explores the possibility that the mastermind behind this case was the chief justice of the court at the time, James Kent. The question of Kent's involvement in 1805 remains elusive. However, the article uses annotations he made on his copy of the case and discussion of Pierson v. Post in his famous Commentaries to demonstrate the nature of his later interest and to explore the project of building a learned law for New York State.

This article is an inquiry into Russian legal culture and is based on the assumption that any institution transplanted from one social environment to another will be reinterpreted and reshaped, so that it can be accepted into the receiving society. The process of adaptation creates an opportunity to examine the receiving society's established practices and way of thinking. To demonstrate their effects, this article explores the author's research findings carried out in two Russian towns where institutions of media self‐regulation were set up. The findings are analyzed comparatively in order to identify how the key players in the two towns interpreted the initial ideas, established procedures and rules for the newly set up institutions, and defined the roles that were attributed to them. The results of the two‐city case study are then used to interpret some specifics of the internal logic of the local legal culture.

In the face of pressures to expand the rule of law, in 2004, Japan introduced a new law school system in order to produce more and better qualified lawyers. This article explains why the new law school system solution was selected from among other alternatives such as reforming the national bar exam, abolishing mandatory legal training, reforming existing legal education, or redefining the jurisdiction of lawyers. I argue that the law school system was adopted because the legal establishment co‐opted pro‐law school scholars and other reformists. Although American‐style law schools have been introduced in Japan, power has not yet shifted entirely from the legal establishment to the pro‐law school scholars; while the legal establishment may no longer have absolute control of the Japanese judicial arena, it remains powerful because it successfully co‐opted pro‐American elites into judicial reform. By analyzing the case of the Japanese law school system, this article indicates that transplants of global institutions may often be more symbolic than practical due to co‐optation tactics used by powerful local actors.

This article presents findings from a qualitative study of seventy‐one New York immigration lawyers who are engaged in private practice. It focuses on the lawyers' backgrounds, career paths, and early professional training and describes, inter alia, the unusual diversity of this bar, the lawyers' reasons for practicing immigration law, the ways in which they learn to practice law, and the strong sense of community within the private immigration bar. It uses the idea of communities of practice to help understand how lawyers learn from their colleagues and are influenced by them. The article identifies several factors that may contribute to the supportiveness of the bar and the strong sense of community within that practice specialty, notwithstanding its great diversity. It concludes by making some preliminary comparisons between immigration lawyers and lawyers in other practice specialties and by identifying some questions for future study.

This essay reviews five books as they relate to the causes and political consequences of mass imprisonment in the United States and the comparative politics of penal policy: Ruth Wilson Gilmore'sGolden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California (2007); Jeff Manza and Christopher Uggen'sLocked Out: Felon Disenfranchisement and American Democracy (2006); Jonathan Simon'sGoverning Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (2007); Michael Tonry, ed., Crime, Punishment, and Politics in a Comparative Perspective (2007); and Bruce Western'sPunishment and Inequality in America (2006).

The essay first examines the enormous and growing political repercussions of having a vast penal system embedded in a democratic polity, including the political and electoral consequences of felon disenfranchisement; increasing political, social, and economic inequality for people marked by the penal system; and the phenomenon of “governing through crime.” It also analyzes emerging strategies of resistance to US penal policies and mass incarceration, why some countries are more vulnerable to hard‐line penal policies than others, and what it will take to reverse the US prison boom.

This essay places George W. Bush's presidency and the Bush administration in some historical context by applying the model of “political time” developed in recent books by Stephen Skowronek (2008) and Keith Whittington (2007). My thesis is that Bush's political failure during his second term was largely the result of structural tensions created by the attacks of September 11, 2001, that no leader could have overcome. This argument is an extension of Skowronek's and Whittington's views that the executive branch's relationship to other governing institutions is shaped primarily by the president's relative position in the party system. In essence, 9/11 undermined the coalition forged by Ronald Reagan by pushing President George W. Bush to pursue radical change. These actions could not be squared with his need, as the leader of the majority party, to maintain electoral stability. A presidency divided against itself in this way cannot, and did not, stand.

In her book Mapping Marriage Law in Spanish Gitano Communities (2006), Susan Drummond challenges the disciplinary perspectives of comparative law and legal anthropology in her study of Gitano marriage practices. By reframing the way in which the “local” or “locale” is viewed—through an ethnographic study of Gitanos—she displaces the traditional boundaries ascribed to comparative law, with its focus on taxonomy and structure, and with legal anthropology's approach to culture. Her study not only elucidates how national and transnational law intersect, but highlights the complex interconnections between local law and the larger systems of law that attempt to regulate it. This detailed interdisciplinary depiction of the spatial and temporal dimensions of law demonstrates the importance of taking account of scale, projection, and representation that requires both comparative law and legal anthropology to rethink the nature of space and place and their relationship with law from both their macro‐ and microperspectives.