Law Commons^™

A Call For Truth In The Fashion Pages: What Global Trend In Advertising Regulation Means For U.S. Beauty And Fashion Advertisers, Ashley O'Neil

Indiana Journal of Global Legal Studies

The advertising industry serves an important purpose in our society by acting as the main source of information for consumers about products. Global advertisement spending reaches into the hundreds of billions of dollars annually. Because advertising plays such a large role in the economy, regulators across the globe have increasingly sought to promote truth in advertising. As a result, advertising regulation has exploded in the recent decades. Recently, the beauty and fashion industries have come under fire from advertising regulatory bodies, most notably in Europe, for misleading and offensive advertising practices. Regulators and interest groups are concerned by the unrealistic …

Regulatory Translations: Expertise And Affect In Global Legal Fields (Symposium Introduction), Ziya Umut Turem, Andrea Ballestero

Indiana Journal of Global Legal Studies

Regulatory Translations: Expertise and Affect in Global Legal Fields, Symposium, May 16-18, 2013, Istanbul, Turkey

Regular Soybeans: Translation And Framing In The Ontological Politics Of A Coup, Kregg Hetherington

Indiana Journal of Global Legal Studies

This paper argues for understanding the regulation and standardization of objects as fundamentally about "adding" to those objects rather than reducing or simplifying them. The analysis is based on the ethnographic study of regulatory politics in Paraguayan soybean production over the course of two decades in which the Paraguayan state increased its regulatory capacity immensely. By looking at very different forms of regulatory intervention, it shows that each regulatory moment can best be understood as a "translation" which adds to the complexity of the objects in question by adding new actors and concerns to their circulation. This provides a more …

Translations In Regulatory Space: The Arenas Of Regulatory Innovation In Accounting Standard Setting, Yasmine Chahed

Indiana Journal of Global Legal Studies

This paper investigates the conditions of possibility for innovation in regulatory space. The first-time inclusion of narrative reporting on the agenda of the British Accounting Standards Board (ASB) is studied in terms of a complex web of discursive schemes, which co-constituted the regulatory issue and the context in which it emerged. By exploring the discursive level of accounting reform, the approach shows how the emergence of narrative reporting on the agenda of the ASB was mediated in a historically specific constellation of formal institutional structures, professional trajectories, and changing conceptions of the roles and purposes of accounting in business management …

The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter Katzenstein

Indiana Journal of Global Legal Studies

This article examines the transplanting and translating of law in the domains of criminal procedure and administrative law. The transnational movement of law is full of unexpected twists and turns that belie the notion of the United States as a legal behemoth. Furthermore, the movement of legal procedures which occurs both within and across countries with common and civil law legal traditions challenges preconceived notions of an orderly divide between legal families. While the spread of elements of the U.S. jury system and methods of plea bargaining reveals the powerful influence of U.S. legal ideas, the ways that these procedures …

Globalization, The Rule Of (Administrative) Law, And The Realization Of Democratic Governance In Africa: Realities, Challenges, And Prospects, Migai Akech

Indiana Journal of Global Legal Studies

This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in …

Plugging The Democracy Drain In The Struggle For Universal Access To Safe Drinking Water, Tara Paul

Indiana Journal of Global Legal Studies

Privatization of water delivery services has become a global trend as states seek ways to shift both political and economic costs to private actors. The advantage of privatization is that it relieves governments of the daunting expense of repairing and expanding water infrastructure in order to improve quality and reach marginalized communities. But water privatization has also been deeply criticized for corrupt practices, increasing prices to the poor, undermining human rights objectives, and dodging accountability. This note aims to find middle ground, acknowledging that privatization is an important tool to increase freshwater access, but that treating water as a human …

Expanding Horizons: Scientific Frontiers, Legal Regulation And Globalization, Belinda Bennett

Indiana Journal of Global Legal Studies

In the six decades since the discovery of the double helix structure of DNA by Watson and Crick in 1953, developments in genetic science have transformed our understanding of human health and disease. These developments, along with those in other areas such as computer science, biotechnology, and nanotechnology, have opened exciting new possibilities for the future. In addition, the increasing trend for technologies to converge and build upon each other potentially increases the pace of change, constantly expanding the boundaries of the scientific frontier. At the same time, however, scientific advances are often accompanied by public unease over the potential …

Human Rights -- Latin America, Indigenous Peoples -- Latin America, Neoliberalism -- Latin America, Ethnicity.Gov: Global Governance, Indigenous Peoples, And The Right To Prior Consultation In Social Minefields, César Rodríguez-Garavito

Indiana Journal of Global Legal Studies

This article explores law's protagonism and effects in contemporary conflicts over development, natural resource extraction, and indigenous peoples' rights. It focuses on the sociolegal site where these conflicts have been most visible and acute: consultations with indigenous peoples prior to the undertaking of economic projects that affect them. I argue that legal disputes over prior consultation are part of a broader process of juridification of ethnic claims, which I call "ethnicity.gov." I examine the plurality of public and private regulations involved in this process and trace their affinity with the procedural logic of neoliberal global governance. I further argue that …

Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Good Administration And Administrative Procedures, Juli Ponce

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin

Indiana Journal of Global Legal Studies

No abstract provided.

Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Globalization, Democracy, And The Need For A New Administrative Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

The Accountability Of Government Networks, Anne-Marie Slaughter

Indiana Journal of Global Legal Studies

No abstract provided.

Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro

Indiana Journal of Global Legal Studies

No abstract provided.

Global Governance, Legal Pluralism And The Decentered State: A Labor Law Critique Of Codes Of Corporate Conduct, Adelle Blackett

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: Globalization, Accountability, And The Future Of Administrative Law Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya

Indiana Journal of Global Legal Studies

No abstract provided.

A View From The Field: Some Observations On The Effect Of International Commercial Law Reform Efforts On The Rule Of Law, Bruce A. Markell

Indiana Journal of Global Legal Studies

No abstract provided.

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

No abstract provided.

Legal Consequences Of Globalization: The Status Of Non-Governmental Organizations Under International Law, Karsten Nowrot

Indiana Journal of Global Legal Studies

No abstract provided.

Proposals For Reforming The Administrative Procedure Act: Globalization, Democracy And The Furtherance Of A Global Public Interest (Earl A. Snyder Lecture In International Law), Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus

Indiana Journal of Global Legal Studies

Intellectual property rights (IPR) issues in the software, biotechnology, and semiconductor industries exemplify the pressure that new technologies and international competition are placing on domestic and international regulatory systems. Traditional patent and copyright rules cannot easily accommodate any of these technologies. At the same time, the high costs of research and development, relative ease of replication, and global markets characteristic of these technologies heighten the importance of both domestic and foreign IPR protection. In the context of rapidly changing technological conditions, borderless markets, and inflexible international regimes, national policymakers face a political dilemma: how to accommodate new technologies at home, …

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman

Indiana Journal of Global Legal Studies

Dean Alfred Aman 's article addresses recent U.S.

administrations' attempts at regulatory reform and notes that as far

as the actual reforms are concerned, there are more similarities

over time than differences. The globalization of politics and

markets and manufacturing, in particular, has helped create global

political economic forces that militate in favor of various forms of

deregulation and privatization not only in the United States, but in

other western democracies as well. Dean Aman focuses on the

United States, noting that globalization has reduced the effectiveness

of local and national regulators, especially since firms are

increasinglyf ree to choose …

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.

Law And Administrative Discretion, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Sir David Williams originally presented this paper as the

inaugural lecturer for the Ralph F. Fuchs lecture series at the

Indiana University School of Law on April 15, 1993. Professor

Fuchs was a faculty member of the Indiana University School of

Law from 1945 until his death in 1985. He was an important

contributor to the drafting of the Administrative Procedure Act of

1946, president of the Indiana Civil Liberties Union, an active

participant in the National Association for the Advancement of

Colored People, a leader of the American Association of University

Professors, and a fighter for free speech and …