Law Commons^™

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

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 …

The Recurring Native Response To Global Labor Migration, Patrick W. Thomas

Indiana Journal of Global Legal Studies

For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with "illegal" immigration, and negative economic consequences for natives. They further disclaim any discriminatory motive behind the laws, claiming that the laws only target "illegal" immigration.

This note argues that (1) through a comparison with immigration flows and laws arising in the First Era of Globalization in the …

Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford

Indiana Law Journal

No abstract provided.

Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar

Indiana Journal of Global Legal Studies

Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …

Popular Discontent, Revolution, And Democratization In Egypt In A Globalizing World, Abdel-Fattah Mady

Indiana Journal of Global Legal Studies

This paper examines how informal, discontent actors in Egypt have evolved in a globalizing world and their role in the January 25th revolution. It focuses on the effects of the deteriorating economic and social conditions in Egypt related to the former regime's policy and the role of mass media, information, and communication technologies in facilitating mobilization, recruitment, and eventually the popular uprising. This paper also discusses the issue of how informal discontent protesters and groups formulate their goals and organize themselves to exert pressure on formal institutions of the state. The main conclusion is that informal actors have not yet …

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 …

The Pursuit Of "Voluntary" Tax Compliance In A Globalized World, Jennifer Hepp

Indiana Journal of Global Legal Studies

Globalization diminishes the U.S. government's ability to enforce the income tax by undermining the Internal Revenue Service's information advantage. U.S. taxpayers are able to hold their money overseas, where the IRS's information-gathering abilities are at their lowest ebb, with increasing ease. Tax treaties aim to rectify the IRS's information disadvantage abroad by encouraging foreign countries, particularly tax havens, to share information with the IRS. However, these treaties have been largely ineffective. Instead, it may be time for the United States to go the way of other developed countries and reform its tax structure to reduce reliance on the income tax …

What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt

Indiana Journal of Global Legal Studies

Translation and interpretation have long played a vital role in many legal contexts, from providing equal rights to defendants to facilitating mutual understanding among the members of the United Nations. Legal language, though, is incredibly complex and even faithfully equivalent translations can fail to meet the high standards required for operation in international legal contexts, where a lack of understanding over a single term could mean the difference between a material and non-material breach in a treaty or transnational contract. Branches of linguistics, such as comparative legal linguistics and forensic linguistics, study the characteristics and functions of legal language across …

Citizenship After The Conservative Movement, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Citizenship as a societal and political value has undergone major transformations under the conservative movement that took the lead in western democracies over the past forty years. In defining liberty as "absence of coercion" or "freedom from any restraint," the conservatives distorted the meaning of true liberty, which is "ordered liberty." In insisting on self-reliance as the prerequisite of individual insertion in society, they have precipitated an abatement in citizens' social and political rights that have had lingering effects on the social fabric, even today. Although these developments are domestic in nature, they greatly impact globalization insofar as they accelerate …