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Full-Text Articles in Rule of Law

Enforcing Interstate Compacts In Federal Systems, Michael Osborn Mar 2022

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …


Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L. Feb 2020

Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.

Indiana Journal of Global Legal Studies

In order to contribute from a situated perspective to a global narrative of access to justice, in the next sections I will trace the origins of compassionate and cause lawyering in the history of Chilean legal aid and training. Part II will explain how legal assistance to the poor was codified as a duty of legal professionals during the Middle Ages, in both canon law and in Castilian legislation. Part III will show that practical legal training, both in Spain and in Chile, began much later as the result of the ambition among prominent members of the legal profession to …


Enforcement Mechanisms For International Standards Of Judicial Independence: The Role Of Government And Private Actors, Rachel Stopchinski Aug 2019

Enforcement Mechanisms For International Standards Of Judicial Independence: The Role Of Government And Private Actors, Rachel Stopchinski

Indiana Journal of Global Legal Studies

In 2017, the prevailing political party in Poland, Law and Justice (Prawo i Sprawiedliwos6), proposed a series of radical legislative changes designed to strip the Polish judiciary of its independence. Though the European Union (EU) has extensively investigated this egregious attack on the rule of law, no concrete steps have been taken to impose sanctums on, or otherwise discipline, the Polish government for defying EU ideals. Despite the fundamental importance of judicial independence in maintaining the rule of law, there are presently no widely adopted international standards of judicial independence. Therefore, no guidelines are promulgated for governments to follow, and …


Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein Apr 2013

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

IP Theory

No abstract provided.