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Articles 1 - 20 of 20
Full-Text Articles in International Law
Critical Cultural Translation: A Socio-Legal Framework For Regulatory Orders, Laura A. Foster
Critical Cultural Translation: A Socio-Legal Framework For Regulatory Orders, Laura A. Foster
Indiana Journal of Global Legal Studies
The making of legal regulatory orders has become increasingly transnational as legal ideas travel and are adopted, discarded, and refigured. Socio-legal scholars have recently turned to the framework of translation to guide examinations of how law changes from one context to the next and how law itself translates and transforms the subjects and objects it governs. Drawing upon science studies and feminist theory, this article develops critical cultural translation as possible socio-legal methodology and praxis for the study of transnational regulatory orders. Furthering this line of inquiry, it addresses the regulation of benefit sharing and the patenting of indigenous San …
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Indiana Law Journal
In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …
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.
Consumer Protection And Social Methods Of Continental And Anglo-American Contract Law And The Transnational Outlook, Andreas Maurer
Consumer Protection And Social Methods Of Continental And Anglo-American Contract Law And The Transnational Outlook, Andreas Maurer
Indiana Journal of Global Legal Studies
Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions reflects a tension between social ideals related to equality between private parties, and a deep distrust of state intervention and market regulation. With the rise of private sources for transnational commercial standards and practices, there is an opportunity for states to facilitate selfregulation in lieu of producing public substantive regulations. This approach seems to satisfy a well-established need for consumer protection without exacerbating government intervention in …
Changing Contract Lenses: Unexpected Supervening Events In English, New Zealand, U.S., Japanese, And International Sales Law And Practice, Luke Nottage
Indiana Journal of Global Legal Studies
This article compares differences in the reasoning underlying contractual relationships between English and New Zealand law and U.S. and Japanese law. It then builds upon an existing framework by adding the notion of didactic formality to identify another important contrast between the laws of these countries. It also discusses how CISG and UPICC fit in to this spectrum. The article concludes by questioning "strong convergence" theory in commercial law worldwide.
Governing Contracts – Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006
Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck
Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The Use And Misuse Of Comparative Constitutional Law (The George P. Smith Lecture In International Law), Cheryl Saunders
The Use And Misuse Of Comparative Constitutional Law (The George P. Smith Lecture In International Law), Cheryl Saunders
Indiana Journal of Global Legal Studies
This article examines the extent and nature of the use of foreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety of purposes, the article reaches two broad conclusions: (1) as a generalization, other common law countries do not share the concern about the legitimacy of comparative precedents that manifests itself in the United States, and (2) as a consequence, other common law countries necessarily share with the United States an interest in …
The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.
The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.
Indiana Journal of Global Legal Studies
On April 12, 2000, Sir David Williams delivered the following lecture at the Indiana School of Law-Bloomington in accordance with The George P. Smith, II, Distinguished Visiting Professorship-Chair of Law and Legal Research endowment. The Chair was established by George P. Smith to broaden students' exposure to scholars and judges of national and international reputation and to allow distinguished visiting scholars the opportunity to do research at Indiana University and share their ideas with the faculty and students of the Indiana University School of Law and Indiana University. George P. Smith, an Indiana native, received his B.S. degree in business, …
Globalization And Cultural Conflict In Developing Countries: The South African Example, Kevin D. Brown
Globalization And Cultural Conflict In Developing Countries: The South African Example, Kevin D. Brown
Indiana Journal of Global Legal Studies
No abstract provided.
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Indiana Law Journal
No abstract provided.
Domain Names, Globalization, And Internet Governance, Marshall Leaffer
Domain Names, Globalization, And Internet Governance, Marshall Leaffer
Indiana Journal of Global Legal Studies
No abstract provided.
The Body As Commodity: The Use Of Markets To Cure The Organ Deficit, David E. Jefferies
The Body As Commodity: The Use Of Markets To Cure The Organ Deficit, David E. Jefferies
Indiana Journal of Global Legal Studies
No abstract provided.
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Indiana Journal of Global Legal Studies
No abstract provided.
Foreign Legal Consultants: The Changing Role Of The Lawyer In A Global Economy, Andrew Pardieck
Foreign Legal Consultants: The Changing Role Of The Lawyer In A Global Economy, Andrew Pardieck
Indiana Journal of Global Legal Studies
No abstract provided.
Immigration Crisis In Federalism: A Comparison Of The United States And Canada, Kevin Tessier
Immigration Crisis In Federalism: A Comparison Of The United States And Canada, Kevin Tessier
Indiana Journal of Global Legal Studies
No abstract provided.
Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth
Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust
International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium
The Law Applicable To Foreign Investments: The Contribution Of The World Bank Convention On The Settlement Of Investment Disputes, Phillipe Kahn
The Law Applicable To Foreign Investments: The Contribution Of The World Bank Convention On The Settlement Of Investment Disputes, Phillipe Kahn
Indiana Law Journal
Translated from the French by Arthur M. Fell
Book Review. Expropriation In Public International Law By B. A. Wortley, A A. Fatouros
Book Review. Expropriation In Public International Law By B. A. Wortley, A A. Fatouros
Articles by Maurer Faculty
No abstract provided.
Criminal Jurisdiction Of A State Over Fugitives Brought From A Foreign Country By Force Or Fraud: A Comparative Study, Manuel R. Garcia-Mora
Criminal Jurisdiction Of A State Over Fugitives Brought From A Foreign Country By Force Or Fraud: A Comparative Study, Manuel R. Garcia-Mora
Indiana Law Journal
No abstract provided.