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Articles 1 - 29 of 29
Full-Text Articles in Law
La Privatización, La Desregulación Y El Interés Público: Un Análisis Comparado, Alfred C. Aman
La Privatización, La Desregulación Y El Interés Público: Un Análisis Comparado, Alfred C. Aman
Articles by Maurer Faculty
This Spanish-language paper analyzes the structural elements of Administrative Law in the United States of America, such as deregulation and privatization, which define the particular relationship between State and Society in that country. The analysis focuses on the limits to privatization in some sectors (prisons, water, health care) using a comparative approach with Spain. From a critical position with the marketization and hegemony of economics, alternatives are proposed for a reform of the Administrative Law that allows a more democratic and inclusive functioning of the governmental institutions.
La Méthode Comparative En Droit Public, Elisabeth Zoller
La Méthode Comparative En Droit Public, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Articles by Maurer Faculty
No abstract provided.
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
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.
Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Reach Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay
Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Reach Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay
Articles by Maurer Faculty
To say that Professor Marc Galanter's scholarship is diverse would be a woeful understatement. In his over forty years of writing, Galanter's work has covered topics including (but not limited to) torts, contracts, constitutional law, comparative law, empirical legal studies, the legal profession, legal anthropology, and South Asian studies. With Galanter's scholarship so heavily cited and respected, we see it as only fitting, particularly upon his recently turning seventy-five, to acknowledge his achievements in a symposium that reflects back on the years of his work. Serving as special editors to an issue forthcoming in the Duke Law School journal, Law …
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 …
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun
Articles by Maurer Faculty
In this Essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the United States. In particular, we focus on three European countries-the United Kingdom, Germany, and France. We argue that differences in culture, the legal system, and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt more communitarian …
From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan
From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan
Articles by Maurer Faculty
In this article, I argue that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider - in addition to Japan and Germany, two countries that are often touted as exemplars - the case of India. India gained its independence from the British in 1947, and soon thereafter many American experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of …
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, …
Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban
Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban
Indiana Law Journal
No abstract provided.
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
Indiana Law Journal
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.
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Comparative Law As Basic Research, Jerome Hall
Comparative Law As Basic Research, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Law In India, Ralph F. Fuchs
Book Review. Law In India, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs
Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Law In India, Ralph F. Fuchs
Book Review. Law In India, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Team Work Planning Of A Comparative Law Research Project, Wencelas J. Wagner
Team Work Planning Of A Comparative Law Research Project, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Comparative Law And Jurisprudence, Jerome Hall
Comparative Law And Jurisprudence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Administrative Control Of The Terms Of Insurance Contracts: A Comparative Study, Spencer L. Kimball, Werner Pfennigstorf
Administrative Control Of The Terms Of Insurance Contracts: A Comparative Study, Spencer L. Kimball, Werner Pfennigstorf
Indiana Law Journal
A related article published in this journal, Kimball and Pfennigstorf, Legislative Control of the Terms of Insurance Contracts: A Comparative Study, 39 IND. L.J. 675 (1964), examined legislative and judicial control of the provisions of insurance policies. Ideally, it would have been better to publish all aspects of control of insurance policies in one article, but length as well as complexity necessitated division of the subject matter. The reader who wishes a more complete picture of public control of the terms of insurance contracts should consult the earlier article and other available literature.
Legislative And Judicial Control Of The Terms Of Insurance Contracts: A Comparative Study Of American And European Practice, Spencer L. Kimball, Werner Pfennigstorf
Legislative And Judicial Control Of The Terms Of Insurance Contracts: A Comparative Study Of American And European Practice, Spencer L. Kimball, Werner Pfennigstorf
Indiana Law Journal
No abstract provided.
The Law And The Surviving Spouse: A Comparative Study, Richard W. Power
The Law And The Surviving Spouse: A Comparative Study, Richard W. Power
Indiana Law Journal
No abstract provided.
Book Review. Comparative Law: Cases, Text, Materials By R. B. Schlesinger, Wencelas J. Wagner
Book Review. Comparative Law: Cases, Text, Materials By R. B. Schlesinger, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
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.
A Law Teacher's Tour Around The World, Jerome Hall
A Law Teacher's Tour Around The World, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Schwartz, B., French Administrative Law And The Common-Law World, Ralph F. Fuchs
Book Review. Schwartz, B., French Administrative Law And The Common-Law World, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Comparative Conflicts Law, Ernst Rabel
Comparative Conflicts Law, Ernst Rabel
Indiana Law Journal
This paper was delivered at a Round Table Meeting of the Association of American Law Schools, December 29, 1948.
Book Review. Stumberg, G. W., Guide To The Law And Legal Literature Of France, Ralph F. Fuchs
Book Review. Stumberg, G. W., Guide To The Law And Legal Literature Of France, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.