Front Matter

Source: The American Journal of Comparative Law , SPRING 2016, Vol. 64, No. 1
(SPRING 2016)
Published by: Oxford University Press

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 VOLUME 64* NUMBER 1

SPRING 2016

(ISSN 0002-919x)

The American Journal of

COMPARATIV
LAW Editors-in-Chief:
Helge Dedek
Franz Werro

Published
Published by
by the
the American
AmericanSociety
Societyof
ofComparative
Comparativ

ARTICLES

Remedial Practice Leckey

Judicial Dependence in China Li

Reviewing Conflicting Expert Evidence Perez

Legislative Inconsistency Petersen

Ownership and Exclusivity Porat

COLLOQUY: HIRSCHL'S COMPARATIVE MATTERS

Foreword Albert

Reviews Dixon
Tushnet

Response Hirschl

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 The American Journal of Comparative Law (ISSN 002-919x)

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 The American Journal of
COMPARATIVE LAW
VOLUME LXTV SPRING 2016 NUMBER 1

Editors-in-Chief

Helge Dedek Franz Werro

Associate Professor of Law Professor of Law
Director, Institute of Comparative Law Georgetown University Law Center k
McGill University Faculty of Law University of Fribourg Faculty of Law

Executive Editorial Board

Lui sa Antoniolli Donald C. Clarke Mâximo Langer

Professor of Law David A. Weaver Research Professor of Law
University of Trento Professor of Law University of California Los Angeles
Faculty of Law George Washington University School of Law
Law School

Gary F. Bell Dominique Custos Half Michaels

Associate Professor of Law Professor of Law Larson Professor of Law
National University of Singapore University of Caen Duke University
Faculty of Law Law School School of Law

Franceses Bignami Tom Ginsburg Alvaro Santos

Professor of Law Spitz Professor of International Law & Professor of Law
George Washington University Professor of Political Science Georgetown University Law Center
Law School University of Chicago Law School

Mauro Bussani Simone Glanert Walter Stoffel

Professor of Comparative Law Senior Lecturer in Law Professor of Law
University of Trieste University of Kent Law School Director of the Institute
Law Department Law and Economy (IDé)
University of Fribourg Fac

Symeon C. Symeonides
Dean Emeritus

Parks Distinguished Professor of Law

Willamette University College of Law

Book Review Editors

Richard Albert Paul R. Dubinsky

Assistant Professor of Law Associate Professor of Law &

Boston College Law School Director of Graduate Studies

Wayne State University Law School

Editorial Assistant Articles Editor

TC Anthony Jennifer Anderson
Georgetown University Law Center McGill University Faculty of Law

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 BOARD OF EDITORS
Alain A. Levasseur Elizabeth Trujillo Berta Lazerow
Louisiana State Suffolk University Law School University of San Diego
University Law Center School of Law
Lukas Hekendorn Urscheler
SiMONA Grossi Swiss Institute of Comparative Law Joel F. Samuels
Loyola Law School of Los Angeles University of South Carolina
Cora True-Frost
David W. Gruning Syracuse University College of Law Wulf Kaal
Loyola University University of St. Thomas
Salil K. Mehra
School of Law, New Orleans School of Law
Temple University School of Law
Helge Dedek Hans W. Baade
James Paul George
McGill University University of Texas School of Law
Texas Wesleyan University
Institute of Comparative Law
School of Law Franklin Gevurtz
John D. Haskell University of the Pacific McGeorge
Ron Scalise
Mississippi College School of Law School of Law
Tulane University School of Law
Gary F. Bell Mila Versteeg
Luisa Antoniolli
National University of Singapore University of Virginia School of
Université di Trento
Law
Jimmy Gurule
Vanessa MacDonald
Notre Dame Law School Clark Lombardi
Université d'Ottawa
University of Washington
Shannon Roesler
Peter E. Quint School of Law
Oklahoma City
University of Maryland Kathryn Hendley
University School of Law
School of Law University of Wisconsin Law
Catherine A. Rogers
Markus Wagner School,
Pennsylvania State University East Asian Legal Studies Center
Dickinson University of Miami School of Law
School of Law Mathias Reimann Richard T. Stith III
University of Michigan Law Valparaiso University School of
Jack J. Coe, Jr. Law
School
Pepperdine University
School of Law Francisco Parisi Chaim S ai man
Kim Lane Scheppele University of Minnesota Law School Villanova University School of Law
Princeton University Program on Ilhyung Lee Victoria Shannon
Law and Public Affairs Washington and Lee University
University of Missouri-Columbia
School of Law School of Law
Louise Teitz
Roger Williams University Timothy Lynch David Law
School of Law University of Missouri-Kansa City Washington University
School of Law
Tracy A. Kaye Christopher L. Blakesley
Seton Hall University School of University of Nevada Las Vegas Julia Ya Qin
Law Wayne State University Law School
School of Law
Peter Winship Peter W. Schroth
Richard E. Myers
Southern Methodist University University of North Carolina Western New England College
School of Law School of Law School of Law

Jonathan M. Miller Peter B. Kutner David Welkowitz

Southwestern University University of Oklahoma Law Center Whittier Law School
School of Law
William B. Ewald David S. Clark
Lucas Rezende
University of Pennsylvania Willamette University
St. John's University School of Law Law School College of Law

Monica Eppinger Ronald A. Brand Mirjan R. Damask

St. Louis University School of Law University of Pittsburgh Yale Law School

Roberto Rosas School of Law Mirjan Halberstam

St. Mary's University Luis MuNiz-Argüelles Yeshiva Unviersity, Benjamin N.
University of Puerto Rico Cardozo School of Law
Amalia D. Kessler
School of Law Jin Chengdong
Stanford University School of Law
Zhejiang University School of Law
Luz E. Nagle-Ortiz
Stetson University College of Law

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Kenneth M. Rosen
University of Alabama, School of Law Golden Gate University School of Law
Fernanda Nicola
American University, Washington Harvard University Law School
College of Law
Boris Kozolchyk
University of Arizona
College of Law
Dennis S. Kaijala
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College of Law
Kenneth S. Gallant
University of Arkansas
at Little Rock Bowen School of Law
Robert B. Leflar
University of Arkansas-Fayetteville
School of Law
James Maxeiner
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Thomas C. Kohler
Boston College Law School
Anna di Robilant
Boston University School of Law
W. Cole Durham Jr.
Brigham Young University, University of Kentucky College of Law
J. Reuben Clark Law School
Arthur R. Pinto
Brooklyn Law School
Karsten Schmidt
Bucerius Law School
Laurent Mayali
Loyola University School of Law,
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School of Law
Afra Afsharipour
University of California at Davis
School of Law
Ugo A. Mattei
University of California Hastings
College of the Law
Stephen A. Gardbaum
University of California at Los Angeles
School of Law
William Aceves
California Western School of Law
Rett R. Ludwikowski
Catholic University of America
Columbus School of Law
Thomas Ginsburg
University of Chicago Law School
David J. Gerber
Chicago-Kent College of Law, IIT
Brian Ray
Cleveland-Marshall College of Law
George A. Bermann
Columbia University School of Law,
Parker School
Richard S. Kay
University of Connecticut
School of Law
Mitchel Lasser
Cornell Law School
Ved P. Nanda
University of Denver College of Law
New York University School of Law
Brian F. Havel
DePaul University College of Law
Bret Boyce
University of Detroit Mercy
School of Law
Mark S. Kende
Drake University Law School
Donald L. Horowitz
Duke University School of Law
Teemu Ruskola
Emory University School of Law
Matthew C. Mirow
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Pedro Malavet
University of Florida College of Law
Martin Gelter
Fordham University School of Law
Charles H. Gustafson University of Pittsburgh School of Law
Georgetown University Law Center
Francesca Bignami Princeton University Program on Law Zhejiang University School of Law
George Washington University,
National Law Center
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DIRECTORS
Christian N. Okeke Luis Muniz-Argüelles
University of Puerto Rico
Mark J. Ramseyer School of Law
Louise E. Teitz
Alison W. Conner Roger Williams University
University of Hawaii, Richardson School of Law
School of Law Richard Hyland
Nora V. Demleitner Rutgers, State University of New
Hofstra University School of Law Jersey School of Law, Camden
Anders Walker
Stephen Zamora
University of Houston Law Center St. Louis University School of Law
Peter B. Maggs Robert William Piatt, Jr.
University of Illinois College of Law St. Mary's University School of Law
Craig M. Bradley Joseph J. Darby
Indiana University at Bloomington University of San Diego School of Law
School of Law Elizabeth F. Defeis
Frank Emmert Seton Hall University School of Law
Indiana University at Indianapolis Tan, Yock Lin
School of Law National University of Singapore
John C. Reitz Faculty of Law
University of Iowa College of Law Joel Samuels
Michael H. Hoeflich University of South Carolina
University of Kansas School of Law Peter Winship
Scott Bauries Southern Methodist University
School of Law
Andrea Carroll Mark E. Cammack
Louisiana State University Law Center Southwestern University
Simona Grossi School of Law
Loyola Law School, Los Angeles Amalia D. Kessler
Bernard Keith Vetter Stanford University School of Law
Wulf Kaal
New Orleans University of St. Thomas School of
Alan R. Madry
Law
Marquette University Law School Peter L. Fitzgerald
Shruti Rana Stetson University College of Law
University of Maryland School of Law Bernard M. Ortwein
H. Patrick Glenn Suffolk University Law School
McGill University, Institute of Christiana Schmid
Comparative Law Swiss Institute of Comparative Law
Keith Rosenn Evan J. Criddle
University of Miami School of Law Syracuse University College of Law
Daniel H. Halberstam Salil K Mehra
University of Michigan Law SchoolTemple University School of Law
Fred L. Morrison Jens C. Dammann
University of Texas School of Law
University of Minnesota Law School
James Paul George
Christoph Henkel
Texas Wesleyan University
Mississippi College
School of Law School of Law
William B. Fisch Roberto Toniatti
Université di Trento Facoltà di
University of Missouri-Columbia
School of Law Giurisprudenza
Jeffrey E. Thomas Vernon V. Palmer
University of Missouri-Kansas City Tulane University School of Law
School of Law Zachary R. Calo
Kenneth L. Port Valparaiso University School of Law
Chaim Saiman
William Mitchell College of Law
Rachel Anderson Villanova University School of Law
University of Nevada, Las Vegas, Russell A. Miller
School of Law Washington & Lee University
Lung-Chu Chen School of Law
New York Law School Jonathan Eddy
Frank K. Upham University of Washington
School of Law
Paola Carozza Frances H. Foster
Notre Dame Law School Washington University School of Law
Carla Spivack William Burnham
Oklahoma City University Wayne State University Law School
School of Law Sudha Setty
Peter Krug Western New England College
University of Oklahoma Law Center School of Law
Seval Yildirim
Stephen McCaffrey
University of the Pacific, Whittier Law School
McGeorge School of Law James A.R. Nafziger
Jacques deLisle Willamette University College of Law
University of Pennsylvania Law School Alexandra Huneeus
William E. Butler University of Wisconsin Law School,
Pennsylvania State University, East Asian Legal Studies Center
Dickinson School of Law James Q. Whitman
Donald Childress Yale Law School
Michel Rosenfeld
Pepperdine University School of Law
Vivian Grosswald Curran Yeshiva University, Benjamin N.
Cardozo School of Law
Kim Lane Scheppele Jin Chengdong
and Public Affairs
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 iv

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 The American Journal of
COMPARATIVE LAW
VOLUME LXIV SPRING 2016 NUMBER 1

CONTENTS

Editors' Note The Editors vii

ARTICLES

Remedial Practice Beyond Constitutional Text Robert Leckey 1

The Chinese Communist Party and People's Courts:

Judicial Dependence in China Ling Li 37

Judicial Strategies for Reviewing Conflicting

Expert Evidence: Biases, Heuristics,
and Higher-Order Evidence Oren Perez 75

Legislative Inconsistency and the "Smoking Out"

of Illicit Motives Niels Petersen 121

Ownership and Exclusivity:

Two Visions, Two Traditions Benjamin Porat 147
THE FUTURE OF CONSTITUTIONAL COMPARISON:
A COLLOQUY ON RAN HIRSCHL'S COMPARATIVE MATTERS

The Modern Study of Comparative

Constitutionalism Richard Albert 191

Toward a Realistic Comparative Constitutional

Studies?—Ran Hirschl, Comparative Matters:
The Renaissance of Comparative Constitutional
Law (Oxford University Press, 2014) Rosalind Dixon 193

Saying and Doing in Comparative Constitutional

Studies—Ran Hirschl, Comparative Matters:
The Renaissance of Comparative Constitutional
Law (Oxford University Press, 2014) Mark Tushnet 201

The "Comparative" in Comparative Constitutional

Law: A Response to Dixon and Tushnet Ran Hirschl 209

BOOKS RECEIVED 219

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 vi

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 viii

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36 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 64

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146 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 64

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218 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 64

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