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45 Harv. Int'l L.J. 1 (2004)
From Legal Transplants to Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure

handle is hein.journals/hilj45 and id is 7 raw text is: VOLUME 45, NUMBER 1, WINTER 2004 From Legal Transplants to Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure M~ximo Langer* I. INTRODUCTION Since the end of the Second World War, and particularly following the end of the Cold War, the American legal system arguably has become the most influential legal system in the world.1 American influences on the legal systems of other nations have ranged from general influences on jurispruden- tial approaches to law (e.g., legal realism and pragmatism, law and econom- ics, rights discourse, etc.)2 to influences on specific legal areas (e.g., constitu- * Acting Professor of Law, UCLA School of Law. S.J.D. Candidate, Harvard Law School, 2004; LL.B., University of Buenos Aires Law School, 1995. I would like to thank Gianmaria Ajani, Bill Alford, Arthur Applbaum, Tal Ben-Shachar, Scott Cum- mings, Mirjan Dama~ka, Sharon Dolovich, Vic Fleisher, Stephen Gardbaum, Latonia Haney, Alon Harel, Ben Hett, Duncan Kennedy, Gia Lee, Alejandro Loritee, Stefano Maffei, Bill McGovern, Martin O'Neill, Sara Olack, Eric Orts, Randy Peeremboom, Kal Raustiala, Arthur Rosett, Gary Rowe, Yoav Sapir, Hani Sayed, Roy Schondorf, Patrick Shin, David Sklansky, Carol Steiker, Richard Steinberg, Bill Stuntz, Lloyd Weinreb, Adam Winkler, and participants in the UCLA School of Law Faculty Workshop, in the SJD/JSD/PhD 2002 Conference at Harvard Law School, and in the conference Law and Economic De- velopment: Critiques and Beyond organized by the European Law Research Center at Harvard Law School, for helpful comments on earlier drafts. I would especially like to thank Carol Steiker, Mirjan Damalka, Phil Heymann, Duncan Kennedy, David Sklansky, and the UCLA School of Law Faculty for their encouragement and support. Guillermo Bleichman, Janet Halley, Esther Liberman, and Doris Sommer gave me useful bibliographical advice on translation studies. Joanne Jackson and Satyanand Satyanarayana did excellent editing work. Jason Kleiman provided very valuable research assistance. I also gratefully acknowledge the support of the Byse Fellowship at Harvard Law School, the Harvard Center for Ethics and the Professions, the Organization of American States, and the Rockefeller Center for Latin American Studies at Harvard University. Myriam Hess, Ben Het, and Laura Elbert helped me with some of the German texts. Of course, any mistakes are my responsibility. 1. See, e.g., Duncan Kennedy, Three Legal Globalizations (2001) (unpublished manuscript on file with the Harvard International Law Journal); Ugo Mattei, A Theory of Imperial Law: A Study on U.S. Hegemony and the Latin Resistance, 10 IND. J. GLOBAL LEGAL STUD. 383 (2003); Ugo Mattei, Why the Wind Changed: Intellectual Leadership in Western Law, 42 AM. J. COMP. L. 195 (1994); Wolfgang Wiegand, Americanization of Law: Reception or Convergence?, in LEGAL CULTURE AND THE LEGAL PROFESSION 137 (Lawrence M. Friedman & Harry N. Scheiber eds., 1996); Wolfgang Wiegand, The Reception of American Law in Europe, 39 Am. J. COMP. L. 229 (1991). 2. See, e.g., Kennedy, supra note 1; Mattei, Why the Wind Changed, supra note 1.

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