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Open Access. Powered by Scholars. Published by Universities.®

2013

International Law

Maurer School of Law: Indiana University

Indigenous peoples

Articles 1 - 2 of 2

Full-Text Articles in Law

The Recurring Native Response To Global Labor Migration, Patrick W. Thomas Jul 2013

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 …


Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen Jan 2013

Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen

Indiana Journal of Global Legal Studies

This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining's identification of key problems of law in a global context (2009; 2012), the following paper adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on actors, norms, and processes. Second, the paper proposes case

studies as a central methodological device to explore the nature, scope, and function of governance-both legal and nonlegal-in a global context. Through the …