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Articles 31 - 60 of 123

Full-Text Articles in Law

Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan Jul 2009

Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Free Speech And National Security, Geoffrey R. Stone Jul 2009

Free Speech And National Security, Geoffrey R. Stone

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber Jul 2009

The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


The United States Supreme Court And The Freedom Of Expression, Elisabeth Zoller Jul 2009

The United States Supreme Court And The Freedom Of Expression, Elisabeth Zoller

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Restraining The Heartless: Racist Speech And Minority Rights, Jeannine Bell Jul 2009

Restraining The Heartless: Racist Speech And Minority Rights, Jeannine Bell

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams Jul 2009

Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


The First Amendment And Commercial Speech, C. Edwin Baker Jul 2009

The First Amendment And Commercial Speech, C. Edwin Baker

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero Oct 2008

"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell Jan 2008

"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell

Indiana Law Journal

This Essay addresses the theoretical debate on torture in an empirical way. It urges that as part of our evaluation of the merits of torture, we take a shrewd look at the quality of information brutal interrogations produce. The Essay identifies widespread belief in what the author identifies as the "torture myth "-the idea that torture is the most effective interrogation practice. In reality, in addition to its oft-acknowledged moral and legal problems, the use of torture carries with it a host of practical problems which seriously blunt its effectiveness. This Essay demonstrates that contrary to the myth, torture and …


Patients Without Borders: The Emerging Global Market For Patients And The Evolution Of Modern Health Care, Nathan Cortez Jan 2008

Patients Without Borders: The Emerging Global Market For Patients And The Evolution Of Modern Health Care, Nathan Cortez

Indiana Law Journal

No abstract provided.


Sustainable Development And Market Liberalism's Shotgun Wedding: Emissions Trading Under The Kyoto Protocol, David M. Driesen Jan 2008

Sustainable Development And Market Liberalism's Shotgun Wedding: Emissions Trading Under The Kyoto Protocol, David M. Driesen

Indiana Law Journal

This Article analyzes the international emissions trading regime at the heart of the world's effort to address global warming as a means of exploring broader international governance issues. The trading regime seeks to marry two models of global governance, market liberalism, which embraces markets as the model of global governance, and sustainable development, which seeks to change development patterns to protect future generations.

This Article explores a previously unacknowledged tension between market liberalism's goal of maximizing short-term cost effectiveness and sustainable development's goal of catalyzing technological change for the benefit of future generations.T his Article presents new data and theory …


The Alien Tort Claims Act In 2007: Resolving The Delicate Balance Between Judicial And Legislative Authority, Hannah R. Bornstein Oct 2007

The Alien Tort Claims Act In 2007: Resolving The Delicate Balance Between Judicial And Legislative Authority, Hannah R. Bornstein

Indiana Law Journal

No abstract provided.


The International Enclosure Movement, Peter K. Yu Oct 2007

The International Enclosure Movement, Peter K. Yu

Indiana Law Journal

No abstract provided.


Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte Jan 2007

Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte

Indiana Law Journal

No abstract provided.


Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian Jan 2007

Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian

Indiana Law Journal

No abstract provided.


Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku Apr 2005

Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku

Indiana Law Journal

For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …


The Transnational Corporation In History: Lessons For Today?, Janet Mclean Apr 2004

The Transnational Corporation In History: Lessons For Today?, Janet Mclean

Indiana Law Journal

This is the revised text of the George P. Smith, II Lecture delivered at Indiana University School of Law- Bloomington on April 4, 2003.


Civic Constitutionalism, The Second Amendment, And The Right Of Revolution, David C. Williams Apr 2004

Civic Constitutionalism, The Second Amendment, And The Right Of Revolution, David C. Williams

Indiana Law Journal

Indiana University Distinguished Faculty Research Lecture. April 23, 2003.


Patenting Business Methods In Europe: What Lies Ahead?, Matthew E. Fink Jan 2004

Patenting Business Methods In Europe: What Lies Ahead?, Matthew E. Fink

Indiana Law Journal

No abstract provided.


Globalization And The Myth Of Absolute National Sovereignty: Reconsidering The "Un-Signing" Of The Rome Statute And The Legacy Of Senator Bricker, John R. Worth Jan 2004

Globalization And The Myth Of Absolute National Sovereignty: Reconsidering The "Un-Signing" Of The Rome Statute And The Legacy Of Senator Bricker, John R. Worth

Indiana Law Journal

No abstract provided.


How Is International Human Rights Law Enforced?, Harold Hongju Koh Oct 1999

How Is International Human Rights Law Enforced?, Harold Hongju Koh

Indiana Law Journal

Addison C. Harris Lecture, January 21, 1998, Indiana University Law School.


Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry Jul 1999

Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry

Indiana Law Journal

No abstract provided.


People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi Jul 1996

People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi

Indiana Law Journal

No abstract provided.


'Jurassic' Trade Dispute: The Exclusion Of The Audiovisual Sector From The Gatt, Jonas M. Grant Oct 1995

'Jurassic' Trade Dispute: The Exclusion Of The Audiovisual Sector From The Gatt, Jonas M. Grant

Indiana Law Journal

No abstract provided.


The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord Jul 1995

The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord

Indiana Law Journal

No abstract provided.


A More Effective International Law Or A New "World Law"?: Some Aspects Of The Development Of International Law In A Changing International System, Jost Delbruck Jul 1993

A More Effective International Law Or A New "World Law"?: Some Aspects Of The Development Of International Law In A Changing International System, Jost Delbruck

Indiana Law Journal

No abstract provided.


Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt Jul 1993

Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

No abstract provided.


Great Words Needed For The Great Lakes: Reasons To Rewrite The Boundary Waters Treaty Of 1909, Daniel K. Dewitt Jan 1993

Great Words Needed For The Great Lakes: Reasons To Rewrite The Boundary Waters Treaty Of 1909, Daniel K. Dewitt

Indiana Law Journal

No abstract provided.


A Fresh Look At Humanitarian Intervention Under The Authority Of The United States, Jost Delbruck Oct 1992

A Fresh Look At Humanitarian Intervention Under The Authority Of The United States, Jost Delbruck

Indiana Law Journal

No abstract provided.


Constitutionalism, Democracy And Foreign Affairs, Louis Henkin Oct 1992

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.