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Emily Kadens

Northwestern University

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Archive | 2013

Custom’s Two Bodies

Emily Kadens

This article introduces a theory of custom as a duality composed of behavior on the one hand and stated legal rules on the other. A behavior-custom is binding law even before it gets articulated as a rule-custom, yet behavior-custom has very different characteristics from custom stated as an express legal rule.

Texas Law Review | 2012

The Myth of the Customary Law Merchant

Emily Kadens

Chicago Journal of International Law | 2004

Order within Law, Variety within Custom: The Character of the Medieval Merchant Law

Emily Kadens

Duke Law Journal | 2009

The Last Bankrupt Hanged: Balancing Incentives in the Development of Bankruptcy Law

Emily Kadens

The Journal of Legal Analysis | 2015

The Medieval Law Merchant: The Tyranny of a Construct

Emily Kadens

Iowa Law Review | 2015

Pre-Modern Credit Networks and the Limits of Reputation

Emily Kadens

William and Mary law review | 2013

How Customary is Customary International Law

Emily Kadens; Ernest A. Young

Brooklyn law review | 2009

The Puzzle of Judicial Education: The Case of Chief Justice William De Grey

Emily Kadens

Texas International Law Journal | 2013

Introduction: Lessons from the History of Custom

Emily Kadens

American Bankruptcy Law Journal | 2011

The pitkin affair: A study of fraud in early english bankruptcy

Emily Kadens

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Ernest A. Young

Duke University

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