Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal
"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal
Indiana Journal of Global Legal Studies
President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …
To Secede Or Not Secede? Is It Even Possible?, T. Z. Cook
To Secede Or Not Secede? Is It Even Possible?, T. Z. Cook
Indiana Journal of Global Legal Studies
Secession seems like a concept of the past. In our increasingly globalizing world, nationalism was growing archaic and halting progress. But secession has seen a surge in the last ten years. Kosovo declared independence from Serbia in 2008. The United Kingdom seceded from the European Union in the infamous "Brexit." And in 2017, Catalonia's grab for independence sparked the worst crisis in Spain since the days of Francisco Franco.1 Alongside these high-profile secessions, smaller movements, which until now were simply brewing and bubbling, are becoming inspired. One such movement is "The South is My Country," a coalition of three southern …
Societal Constitutionalism, Social Movements, And Constitutionalism From Below, Gavin W. Anderson
Societal Constitutionalism, Social Movements, And Constitutionalism From Below, Gavin W. Anderson
Indiana Journal of Global Legal Studies
Within constitutional theory, in comparison to other fields of scholarship, the significance of transnational social movements has been relatively unexamined in the literature. Societal constitutionalism, grounded in the sociological method and open to reexamining received understandings of constitutionalism, would appear conducive to undertaking this enterprise. However, the general absence of social movements from the societal constitutionalism literature is not coincidental, and reflects a shared commitment with more conventional approaches to an institutional conception of constitutionalism, and a belief in the latter's necessary benevolence and Western origin. These assumptions reflect the limited focus of contemporary analyses of globalization and constitutionalism upon …
Transnational Corporations' Outward Expression Of Inward Self-Constitution: The Enforcement Of Human Rights By Apple, Inc., Larry Cata Backer
Transnational Corporations' Outward Expression Of Inward Self-Constitution: The Enforcement Of Human Rights By Apple, Inc., Larry Cata Backer
Indiana Journal of Global Legal Studies
Societal constitutionalism presents us with alternatives to state-centered constitutional theory. But this alternative does not so much displace as extend conventional constitutional theory as a set of static premises that structure the organization of legitimate governance units. Constitutional theory, in either its conventional or societal forms, engages in both a descriptive and a normative project-the former looking to the incarnation of an abstraction and the later to the development of a set of presumptions and principles through which this incarnation can be judged. Constitutional theory is conventionally applied to states-that is, to those manifestations of organized power constituted by a …
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
Indiana Journal of Global Legal Studies
No abstract provided.
The Political Origins Of The New Constitutionalism, Ran Hirschl
The Political Origins Of The New Constitutionalism, Ran Hirschl
Indiana Journal of Global Legal Studies
Globalization, Courts, and Judicial Power Symposium
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Indiana Law Journal
No abstract provided.
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Indiana Journal of Global Legal Studies
No abstract provided.
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Articles by Maurer Faculty
This paper will take a contextual approach to American administrative law. It will examine the historic context and the legal significance of certain administrative law doctrines and approaches. In so doing, it will examine three distinct eras of administrative law: (1) the New Deal-A.PA., which I date from 1929 to 1959; (2) the environmental era which I date from 1960 to 1980; and (3) the global era of administrative law, whose beginnings I somewhat arbitrarily mark as 1980. This takes us to the present and the foreseeable future.' I do not mean to imply that these eras are so distinct …