Acknowledgements
List of Contributors
1. Introduction: Damaška and Comparative Law
John Jackson, Máximo Langer and Peter Tillers
2. Mirjan Damaška: A Bridge between Legal Cultures
Harold H Koh
I. Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants
3. The Decay of the Inquisitorial Ideal: Plea Bargaining invades German Criminal Procedure
Thomas Weigend
4. Sentencing in the US: An Inquisitorial Soul in an Adversarial Body?
William T. Pizzi
5. The New Italian Code of Criminal Procedure: A System Caught between Two Traditions
Luca Marafioti
6. The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy
Stephen C Thaman
7. Some Development Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe
Davor Krapac
II. Re-Exploring the Epistemological Environment
8. Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for Truth
Elisabetta Grande
9. Cognitive Strategies and Models of Fact-Finding
Craig R Callen
10. Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology
Peter Tillers
III. Human Rights Standards and Hybridization in the Transnational and International Prosecution of Crime
11. Extraterritorial Jurisdiction: Applications to Terrorism
M Cherif Bassiouni
12. Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries
John Jackson
13. Reflections on the Hybridization of Criminal Procedure
Mireille Delmas-Marty
14. Confrontation Right across the Systemic Divide
Richard D Friedman
IV. The Challenge for Comparative Scholarship
15. The Good Faith Acquisition of Stolen Art
John henry Merryman
16. Faces of Justice Adrift? Damaška’s Comparative Method and the Future of Common Law Evidence
Paul Roberts
17. Utility and Truth in the Scholarship of Mirjan Damaška
Ronald J Allen and Georgia N Alexakis
18. Sentencing and Comparative Law Theory
Richard S Frase
19. No Right Answer?
James Q Whitman
Postscript
20. Are Marsupials and Mammals That Different? Functions of Trial Procedure
Richard O Lempert
Appendix
Interview of Mirjan Damaška
Máximo Langer
Ronald J Allen, John Henry Wigmore Professor of Law, Northwestern University School of Law; Fellow, Procedural Law Research Center, and Chair, Board of Foreign Advisors, Evidence Law and Forensic Sciences Institute, China Political Science & Law University
Georgia N Alexakis, JD Northwestern University School of Law
M Cherif Bassiouni, Professor of Law and President, International Human Rights Law Institute, DePaul University College of Law; President of the International Association of Penal Law
Craig R Callen, Professor of Law, Michigan State University College of Law
Mireille Delmas-Marty, Professor of the University of Paris I; Professor of the Collège de France
Richard S Frase, Benjamin N Berger Professor of Criminal Law, University of Minnesota Law School
Richard D Friedman, Ralph W Aigler Professor of Law, University of Michigan Law School
Elisabetta Grande, Professor of Comparative Law, Piemonte Orientale University
John Jackson, Professor of Public Law, Queen’s University Belfast; Fernand Braudel Fellow, European University Institute, 2007-2008
Harold Hongju Koh, Dean and Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School
Davor Krapac, Professor of Law, University of Zagreb; Judge of the Constitutional Court of the Republic of Croatia
Máximo Langer, Professor of Law, University of California, Los Angeles
Richard O Lempert, Eric Stein Distinguished University Professor of Law and Sociology, University of Michigan Law School
Luca Marafioti, Professor of Law, University of Rome III
John Henry Merryman, Nelson Bowman Sweitzer and Marie B. Sweitzer Professor of Law, Emeritus and Affiliated Professor in the Department of Art, Emeritus, Stanford University
William T Pizzi, Professor of Law, University of Colorado School of Law
Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham School of Law
Stephen C Thaman, Professor of Law, Saint Louis University School of Law
Peter Tillers, Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University
Thomas Weigend, Professor of Law, University of Cologne
James Q Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School
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