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Articles 1 - 13 of 13
Full-Text Articles in Civil Law
Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster
Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster
Indiana Journal of Constitutional Design
This is a case study seeking to survey the landscape of constitutional courts in the MENA region after the Arab Spring. To accomplish this, the case study identifies the traditional functions of constitutional courts, then analyzes the design features present in post-Arab Spring constitutional courts to determine how and to what extent these design features help – or hinder – each court in fulfilling its traditional functions. Analysis of design features will focus on (1) which (and how many) constitutional matters the court is empowered to decide (court jurisdiction), (2) the processes by which a court is presented a …
Fading Extraterritoriality And Isolationism? Developments In The United States, Austen L. Parrish
Fading Extraterritoriality And Isolationism? Developments In The United States, Austen L. Parrish
Indiana Journal of Global Legal Studies
Having the opportunity to deliver the twelfth Snyder Lecture is a privilege in part because of the distinguished scholars who have given the lecture in the past. It is also a privilege because of Earl Snyder himself. Earl was visionary in supporting these cross-Atlantic intellectual exchanges and ahead of his time in appreciating the value of studying transnationalism in its many forms. Today, in that tradition, my aim is to give you a sense of how the procedural rules of international civil litigation are developing and changing in the United States, and how those developments in turn affect more traditional …
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Indiana Journal of Global Legal Studies
This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
Indiana Law Journal
No abstract provided.
The Foreign Corrupt Practices Act, Opic, And The Retreat From Transparency, Blake Puckett
The Foreign Corrupt Practices Act, Opic, And The Retreat From Transparency, Blake Puckett
Indiana Journal of Global Legal Studies
This article argues that the current intersection of the Foreign Corrupt Practices Act (FCPA) and the Overseas Private Investment Corporation (OPIC) is turning U.S. investment and aid policy in a direction that neither addresses corruption concerns, nor augments other U.S. foreign policy goals in the Caucasus and Central Asia, and perhaps more globally. The current regulatory system has caused OPIC to structure its investment projects in alternative forms that bypass anti-corruption regulations.W hile these alternatives serve to increase capital in developing economies, the distance they create between OPIC and the end-user fosters a lack of transparency and ultimately corruption. However, …
Privatization And Public Law Values: A View From France, Manuel Tirard
Privatization And Public Law Values: A View From France, Manuel Tirard
Indiana Journal of Global Legal Studies
This article uses a comparative approach to explore privatization and its consequences on public law values. It discusses the French model for protecting these values, which limits the scope of privatization and applies a legal regime within which public law norms play an active role. While it does not suggest that this model can or should be applied in the United States, it does express that the French experience can enrich American debates on the subject.
Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.
Civil Society, Metaphysics, And Tolerance, David C. Williams
Civil Society, Metaphysics, And Tolerance, David C. Williams
Indiana Law Journal
Symposium: Law and Civil Society
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
Indiana Law Journal
Symposium: Law and Civil Society
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
Indiana Law Journal
Symposium: Law and Civil Society
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Indiana Law Journal
Symposium: Law and Civil Society
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Indiana Law Journal
No abstract provided.
Civil Defamation Law In The Soviet Union, Fred H. Cate
Civil Defamation Law In The Soviet Union, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
The Constitutional And Judicial Organization Of France And Germany And Some Comparisons Of The Civil Law And Common Law Systems, Joseph Dainow
The Constitutional And Judicial Organization Of France And Germany And Some Comparisons Of The Civil Law And Common Law Systems, Joseph Dainow
Indiana Law Journal
This article is based on lectures delivered at the International Faculty of Comparative Law in Luxembourg, August 1960