Law Commons^™

Public Regulation And Private Enforcement In A Global Economy: Strategies For Managing Conflict, Hannah L. Buxbaum

Articles by Maurer Faculty

No abstract provided.

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …

Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone

Articles by Maurer Faculty

This Article assesses the forces on the horizon remaking the fertility industry, including greater consolidation in the health care industry, the prospects for expanding (or contracting) insurance coverage, the likely sources of funding for future innovation in the industry, and the impact of globalization and fertility tourism. It concludes that concentration in the American market, in contrast with other medical services, may not necessarily raise prices, and price differentiation may proceed more from fertility tourism than from competition within a single geographic region. The largest challenge may be linking those who would fund innovation, whether innovation that produces new high …

Dean's Desk: Stewart Fellows Bring Global Experience To Indiana, Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman, Carol J. Greenhouse

Articles by Maurer Faculty

The pragmatics of privatization offer terrain for a critical understanding of the relationship between government and business under the conditions associated with the globalization of neoliberal capitalism. Prison privatization is especially significant in this context, given the fact that—for privatization advocates and critics alike, in the United States and elsewhere—prisons represent a bellwether for broader questions about the scope of government. We review the recent history of prison privatization in the United States from the vantage point of the policy responses to the privatization movement more generally, to highlight the various factors that, over time, made private prisons iconic of …

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver

Articles by Maurer Faculty

No abstract provided.

States Side Story: Career Paths Of International Ll.M. Students, Or "I Like To Be In America", Carole Silver

Articles by Maurer Faculty

This Article draws on an empirical study of the careers of international law graduates who earned an LL.M. in the United States, and considers the role of a U.S. LL.M. as a path for building a legal career in the United States. It identifies the institutional, political, and economic forces that present challenges to graduates who attempt to stay in the United States. While U.S. law schools prize the international diversity of their graduate students, this study reveals that the U.S. legal profession is most accessible to international students from English-speaking common law countries, whose language and background allow them …

Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Rehabilitating Territoriality In Human Rights, Austen L. Parrish

Articles by Maurer Faculty

For many years, territorial principles anchored an international system organized around nation-states. Recently, however, the human rights movement has sought to change the state-centric focus of international law and overcome the limitations of a system where the territorial state is the primary actor. The field of human rights has promoted a new legal orthodoxy that places the person at the center of the international legal system. Within this orthodoxy, non-state actors play a prominent role, unilateral domestic lawsuits are promoted, and territorial borders give way when necessary for humanitarian intervention. In contrast, territorial conceptions of international law are viewed as …

Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler

Articles by Maurer Faculty

This article engages in mapping thinking and practice on global health diplomacy. Increased interest in “global health diplomacy” and “health diplomacy” heightens the need for more rigorous descriptive, conceptual, analytical, and practical approaches to these phenomena. This article discusses why more rigor is needed with respect to global health diplomacy, provides a way to describe global health diplomacy that provides a foundation for further analysis, explores conceptual underpinnings of global health diplomacy to deepen the mapping exercise, and offers a simple but flexible analytical template for use in mapping different aspects of global health diplomacy. The article concludes with thoughts …

The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig

Articles by Maurer Faculty

This article applies a global perspective to immigration in the United States, focusing in particular on law’s role in the integration of immigrants into U.S. society. The global perspective illuminates the relationship of immigration to other forms of transnationalism, as well as to the situation of non-immigrant minorities and the working poor. We review the history of immigration law in the United States as well as the main elements of current debate. Drawing on the Constitution’s guarantees of equal protection, as well as the preemption doctrine, we suggest specific ways in which immigration law might optimally evolve in the future. …

The Variable Value Of U.S. Legal Education In The Global Legal Services Market, Carole Silver

Articles by Maurer Faculty

Many U.S. law firms now claim to be global organizations, and they seek to occupy the same high status everywhere they work. In part, simply supporting overseas offices is an indication of status for U.S.-based firms. But firms want more than this and they strive for recognition as elite advisors around the world. In this pursuit, have firms identified a set of common characteristics and credentials that define a "global lawyer?" That is, is there a uniform and universal profile, or perhaps a set of assets that comprise global professional capital, which are emerging as the indicia of credibility and …

Globetrotting Law Firms, Jayanth K. Krishnan

Articles by Maurer Faculty

Despite the current financial crisis, prestigious American and British law firms continue to maintain a presence in Continental Europe, Latin America, and China. Yet, in one economically fertile, democratic country - India - such global legal powerhouses are scarcely found. This study seeks to understand empirically why there is a general absence of these and other foreign law firms practicing in India. Based on fieldwork and compiled interview data of lawyers, judges, government officials, activists, and clients from India, the United States, and Britain - the latter two being the foreign countries most interested in gaining access to the Indian …

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data relating …

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan

Articles by Maurer Faculty

Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …

Book Review. All Politics Is Global: Explaining International Regulatory Regimes By Daniel W. Drezner, David Fidler

Articles by Maurer Faculty

No abstract provided.

Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary C. Daly

Articles by Maurer Faculty

This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …

Analyzing The Friedman Thesis Through A Legal Lens: Book Review Essay Assessing Thomas L. Friedman's The World Is Flat, Jayanth K. Krishnan

Articles by Maurer Faculty

In his best-selling book, The World Is Flat, Thomas Friedman assesses how globalization has affected the political, economic, and social landscapes of both the developed and developing world. For Friedman, globalization is emboldening people in countries, like in India, to make societal and governmental demands that are similar to those made by Americans in the United States.

This Essay seeks to add a new layer to the debate over Friedman’s flattening-world thesis. Focusing on India, in particular, I shall argue that as the trajectory of India’s economic development appears on the rise, the sad reality is that …

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Articles by Maurer Faculty

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman

Articles by Maurer Faculty

Especially after 1980, our belief in and our use of law to solve societal problems seemed to decline precipitously, well beyond the ebb and flow of political trends and tastes. Beginning in earnest in the 1980s, political discourse increasingly treated law and markets primarily in binary terms. You could have one or the other, but not both. More law meant less markets and vice versa. When it came to choosing between law or markets, the tide clearly had shifted. If injustices in the 1970s were greeted with the slogan "there ought to be a law", that approach to solving problems …

International Trade Agreements: Vehicle For Better Public Health?, David P. Fidler, Jason Sapsin, Ann Marie Kimball

Articles by Maurer Faculty

No abstract provided.

Winners And Losers In The Globalization Of Legal Services: Offshoring The Market For Foreign Lawyers, Carole Silver

Articles by Maurer Faculty

This article takes an empirical approach to the issue of how the U.S. legal services market is responding to globalization. It begins by considering the ways in which the domestic legal services market has internationalized by focusing on changes in legal education and examines the disconnection between U.S. legal education and practice opportunities in the U.S. The article proceeds to consider the ways in which U.S. law firms have become global organizations by offshoring their international identities, through the staffing of their non-U.S. offices with non-U.S. lawyers. Based on a database of more than 5,000 lawyers working in the offshore …

Revolt Against Or From Within The West?: Twail, The Developing World, And The Future Direction Of International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum

Articles by Maurer Faculty

This article examines how the globalization of economic markets, and attendant changes in international regulatory strategies, challenge the traditional framework of private international law. It examines a variety of developments in the areas of securities, antitrust, and bankruptcy law, analyzing the ways in which they undermine the conception of regulatory power as grounded in the territorial authority of sovereign states. Specifically, the article argues that these changes reflect a shift in conflicts jurisprudence away from the traditional jurisdiction-selecting model and toward a substance-based model, in which a state's economic policy interests can be protected simply through assurance that the substance …

The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Global threats to public health in the 19th century sparked the development of international health diplomacy. Many international regimes on public health issues were created between the mid-19th and mid-20th centuries. The present article analyses the global risks in this field and the international legal responses to them between 1851 and 1951, and explores the lessons from the first century of international health diplomacy of relevance to contemporary efforts to deal with the globalization of public health.

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.