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Articles 31 - 37 of 37
Full-Text Articles in Law
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
Indiana Journal of Global Legal Studies
"[O]ur struggle for democracy is a struggle for our everyday life." This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues to fail due to the regime-written "new" constitution that guarantees the regime's continued leading role in the state apparatus.2 Illegitimate elections and continued repression of the democratic opposition allow for the regime's violations of basic human rights to continue. Rights violations that include displacement, forced labor, …
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.
Respect My Authority: Analyzing Claims Of Diminished U.S. Supreme Court Influence Abroad, Aaron B. Aft
Respect My Authority: Analyzing Claims Of Diminished U.S. Supreme Court Influence Abroad, Aaron B. Aft
Indiana Journal of Global Legal Studies
This paper critiques the argument that the U.S. Supreme Court is losing influence among national and constitutional courts worldwide as a result of its nonparticipation in the emerging judicial globalization. It does so, inter alia, by reviewing two examples of how U.S. authority is cited abroad, and concludes that arguments of diminished influence appear overstated, and that changes in U.S. judicial influence are not likely due to attitudes toward citation of foreign law.
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner
Indiana Journal of Global Legal Studies
As part of a multilateral climate change treaty, the parties to the United Nations Framework Convention on Climate Change (UNFCCC) have discussed establishing an international aid mechanism, or fund, to support low-carbon energy generation and energy efficiency projects in developing countries. The selection of a fund administrator has been particularly contentious. Many developed countries believe that, rather than creating a new fund, the COP should use an already established one-the World Bank's Clean Technology Fund (CTF)-and select the World Bank as fund administrator.H owever, many developing countries believe the Conference of the Parties (COP) to the UNFCCC should create a …
Counting The Costs Of A Global Anglophonic Hegemony: Examining The Impact Of U.S. Language Education Policy On Linguistic Minorities Worldwide, Stephen M. Harper
Counting The Costs Of A Global Anglophonic Hegemony: Examining The Impact Of U.S. Language Education Policy On Linguistic Minorities Worldwide, Stephen M. Harper
Indiana Journal of Global Legal Studies
As the need for efficient communication between global participants in academia, business, and politics has grown in recent decades, English has quickly become the dominant universal language in these arenas. Language policy scholars have noted, however, that the rapid spread of English could present a substantial threat to the linguistic diversity of the world, as some scholars have estimated that as many as fifty percent of the world's languages will be extinct by the end of the twenty-first century. This Note argues that the United States' current stance in the area of language education will contribute to this global language …
Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr
Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr
Indiana Journal of Global Legal Studies
Nebraska and Pennsylvania currently have laws in place that prohibit public school teachers from wearing religious garb. This Note applies the appropriate constitutional framework-a balancing test-in order to determine the propriety of a religious garb statute. Courts have upheld the statutes in light of perceived government endorsement of teachers' religion and feared impact on impressionable young children. However, both of these concerns are exaggerated and misplaced. Rather, a court must consider the demands a newly globalized world places on effective education for tomorrow's global citizens.
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Indiana Journal of Global Legal Studies
Customary law often includes gender discriminatory rules that violate women's rights under constitutional equality guarantees. Dialogic democracy theory offers valuable tools that can help a legal system both to protect customary law and to protect the equality of its women citizens. By focusing on the need for challenge and on the dialogue within the cultural community, the legal system can create incentives and conditions to support the capacity of women to shape the customary law of their own communities. This approach is necessary because legal rights for women, when imposed by the larger society, often result in backlash within minority …