RSK 2

Legal transplants are alive anti well as they were in the time of 1 lamurahbi." One wav or another they will flourish in the luiropean Union. Harmonisation will occur, with a common pri\ ate law for luirope.''’ 33 See for some representative views of academics, Elizabeth Warren, 'Formal and Operative Rules under Common Law and Code,' 30 University of California Los Angeles Law Review (1983), pp. 898ff.; Mary Louise Fellows, 'Concealing Legislative Reform in the Common-Law Tradition; the Advancements Doctrine and the Uniform Probate Code,' 37 Vanderbilt Law Review pp. é/iff.; Mark D. Rosen, 'What has happened to the Common Law?-Recent American Codifications, and their Impact on Judicial Practice and the Law's Subsequent Development,' Wisconsin Law Review (1994), pp. iii9ff.; Edward L. Rubin, 'The Code, the Consumer, and the Institutional Structure of the Common Law,' 75 Washington University Law Quarterly (1997), pp. iiff.; Richard Hyland, 'The American Restatements and the Uniform Commercial Code,' in European Civil Code, pp. ssff. Glen Weissenberger, 'Evidence Myopia: the Failure to See the Federal Rules of Evidence as a Codification of the Common Law,' 40 William and Mary Law Review (1999), pp. i539ff. I thank Anne Burnett for locating these papers for me. 34 See, e.g. The American LawInstitute Seventy-Fifth Anniversary(Philadelphia, 1998). 35 Not later than the early 17th century B.C.: see, e.g., Watson, Legal Transplants, pp. 22ff. 36 See, e.g. Alain Wijffels, 'A New Software Package for an Outdated Operating System 2' in Van Hoecke and Ost, Harmonisation, pp. loiff. especially at p. 114. 120

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