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Full-Text Articles in Law

International Law In National Schools, Ryan M. Scoville Oct 2017

International Law In National Schools, Ryan M. Scoville

Indiana Law Journal

Why is international law ineffective at times in achieving its aims, such as preventing human rights abuses, forestalling armed conflict, and ensuring global cooperation on matters ranging from the environment to nuclear proliferation? This Article offers original empirical research to suggest that an important and underappreciated part of the answer lies in legal education. Conducting a global survey on the study of international law at thousands of law schools in over 190 countries, the Article reveals significant cross-national disparities in the pervasiveness of international legal training, and draws on other research to highlight similar variations in instructional quality, topical emphases ...


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle ...


Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills Aug 2015

Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

Jon L. Mills

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)


I. Opening Remarks (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills Aug 2015

I. Opening Remarks (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

Jon L. Mills

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)


International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias Aug 2015

International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias

Vitor M. Dias

No abstract provided.


Legal Education As A Rule Of Law Strategy: Problems And Opportunities With U.S.-Based Programs, David Pimentel Jan 2015

Legal Education As A Rule Of Law Strategy: Problems And Opportunities With U.S.-Based Programs, David Pimentel

David Pimentel

Education can be powerful force in building the rule of law in developing countries and transitional states—especially in light of its power to influence culture and its ability to sustain meaningful change. Building a more effective system of legal education is a long term project, however, and a difficult sell given the way rule of law reform gets funded. Shorter term impacts are possible, however, through U.S.-based educational opportunities, which therefore present a compelling opportunity for rule of law promotion. Addressing short-term legal education deficiencies with U.S.-based education can contribute to a vision for the ...


Stratification, Expansion, And Retrenchment: International Legal Education In U.S. Law Schools, Nora V. Demleitner Jul 2014

Stratification, Expansion, And Retrenchment: International Legal Education In U.S. Law Schools, Nora V. Demleitner

Nora V. Demleitner

None available.


Stratification, Expansion, And Retrenchment: International Legal Education In U.S. Law Schools, Nora V. Demleitner Apr 2014

Stratification, Expansion, And Retrenchment: International Legal Education In U.S. Law Schools, Nora V. Demleitner

Scholarly Articles

None available.


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson Jan 2014

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...


Chinese Women In Legal Education, Xiaonan Liu Jul 2013

Chinese Women In Legal Education, Xiaonan Liu

Indiana Journal of Global Legal Studies

This paper examines the history and development of women entering legal education in China. Based on a survey, interviews, and archival research, this paper attempts to analyze Chinese women's current status in legal education and reaches the conclusion that although women have made significant gains in legal education, they are still facing gender discrimination and bias in the legal sector. The paper also looks into the reasons why women have in the past belonged to "the other" in the legal area, and whether there is any conflict between legal characteristics" and "feminine characteristics." It attempts to break the constraint ...


A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh Mar 2013

A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh

George Critchlow

This a readable article about the need for legal education reform in Jordan. It grew out of the experiences, discussions, and shared interests of the co-authors – a Jordanian female law professor and an American male law professor who have worked with the American Bar Association Rule of Law Initiative (ABA ROLI) and Jordanian law faculties to develop strategies for strengthening legal education in Jordan. The article is unusual in that it is presented as a dialogue in order to identify and reflect the authors’ different professional and cultural perspectives. The text is supported by citation to authority in conventional footnotes ...


Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar Jan 2013

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 ...


Privacy And Data Protection In Business: Laws And Practices (Sample Chapters), Jonathan I. Ezor Jan 2012

Privacy And Data Protection In Business: Laws And Practices (Sample Chapters), Jonathan I. Ezor

Jonathan I. Ezor

In the fields of digital privacy and data protection in the business world, effective compliance and risk management require not only knowledge of applicable laws and regulations, but at least a basic understanding of relevant technologies and the processes of the company or other organization that is collecting and/or using the personal information or monitoring behavior. This book is structured to provide a framework for law and other students to both learn the law and place it in the necessary technological and practical context, divided into topic areas such as children’s privacy, health information, governmental requirements, employee data ...


America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall Dec 2010

America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall

Allen Mendenhall

This Article considers how the Obama administration’s policies toward Japan implicate Article 9 of the Japanese Constitution. More specifically, it argues that the Futenma base dispute (as it has come to be known) jeopardizes the very existence of Article 9 by threatening to render it moot and by expanding the already expansive interpretations of Article 9. Part I provides a brief history of the Futenma base dispute during the Obama years, and Part II explains the effects of the Futenma base dispute on Article 9. More specifically, Part II contextualizes the Futenma issue by way of the legislative and ...


Project Reveals Challenges And Recommendations For Teaching International Humanitarian Law In U.S. Law Schools, Hadar Harris, Solomon Shinerock Jan 2008

Project Reveals Challenges And Recommendations For Teaching International Humanitarian Law In U.S. Law Schools, Hadar Harris, Solomon Shinerock

Human Rights Brief

No abstract provided.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Reconceptualising Legal Education After War, Christopher P. Waters Aug 2006

Reconceptualising Legal Education After War, Christopher P. Waters

ExpressO

This paper considers the impact of war on legal education and assesses the contributions of legal education to post-conflict reconstruction and reconciliation.


The Transition From The Inquisitorial To The Accusatorial System Of Trial: Procedure: Why Some Latin American Lawyers Hesitate , Leonard L. Cavise Aug 2006

The Transition From The Inquisitorial To The Accusatorial System Of Trial: Procedure: Why Some Latin American Lawyers Hesitate , Leonard L. Cavise

ExpressO

The article is born of my experience teaching American-style trial advocacy to over 15 groups of Latin American lawyers coming from countries in transition from the inquisitorial to the accusatorial model. The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and ...


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise Mar 2006

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.


When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise Feb 2006

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

"When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers" The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.


Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver Oct 2005

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

ExpressO

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 ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


O Impacto Da Rodada De Doha Para As Empresas Brasileiras, Ivo T. Gico Dec 2002

O Impacto Da Rodada De Doha Para As Empresas Brasileiras, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo tem objetivo de apresentar o leitor às discussões travadas durante a Rodada Doha e seus impactos para o empresariado brasileiro, principalmente no que tange à questões tributárias, como a redução da Tarifa Externa brasileira, bem como o suas conseqüências para empresas que gozam de proteção tarifária.

This article's objective is to present the reader the Doha Round discussions and their impact on Brazilian business, mainly regarding tax issues, such as the reduction of Brazilian external tariffs, and their consequences for firms that enjoy tariff protection.


Novas Formas De Comércio Internacional: O Comércio Eletrônico - Desafios Ao Direito Tributário E Econômico., Ivo T. Gico Dec 2001

Novas Formas De Comércio Internacional: O Comércio Eletrônico - Desafios Ao Direito Tributário E Econômico., Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo traz algumas questões jurídicas pertinentes à nova realidade econômica introduzida pela disseminação do comércio eletrônico. Partindo de uma análise dos aspectos internacionais do comércio eletrônico e as principais questões que, à época, angustiavam os juristas pátrios e estrangeiros. A abordagem, ora

zetética e ora dogmática, revela a novidade do tema e os primeiros passos necessários para a sua exploração jurídica.

The paper has some relevant legal issues about the new economic reality introduced by the spread of electronic commerce. From an analysis of international aspects of electronic commerce and the main issues that, at that time, distressed native ...


Teaching And Research In International Environmental Law, David A. Wirth Jan 1999

Teaching And Research In International Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey Jan 1999

As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey

Historic Documents

A 349 page collection of talks and recollections compiled by former Indiana University School of Law Dean, William Burnett Harvey. The collection is broken down into four parts: Reflections on the Rule of Law, The African Experience, Reflections on Education, Universities and Law, and Miscellaneous Musings.

Two appendixes are included. The first is a bibliography, and the second is two narrative accounts of Harvey's time in Ghana and his final years at Indiana University during the turbulent 1960s.


Teaching And Research In International Environmental Law, David A. Wirth Dec 1998

Teaching And Research In International Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.


The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell Mar 1968

The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell

William & Mary Law Review

No abstract provided.