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Full-Text Articles in Law

La Privatización, La Desregulación Y El Interés Público: Un Análisis Comparado, Alfred C. Aman Jan 2021

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 Jan 2018

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 Jan 2011

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 Jul 2009

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 Jan 2008

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 Jan 2008

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 Jan 2006

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 Jan 2006

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 Jan 2005

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. Apr 2001

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 Oct 1998

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 Oct 1993

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 Jan 1985

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 Jan 1982

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 Jan 1980

Comparative Law As Basic Research, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Law In India, Ralph F. Fuchs Jan 1972

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 Jan 1970

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 Jan 1969

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 Jan 1968

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 Jan 1966

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 Jan 1965

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 Jul 1964

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 Jan 1964

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 Jan 1960

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 Jan 1959

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 Jan 1958

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 Jan 1954

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 Apr 1949

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 Jan 1932

Book Review. Stumberg, G. W., Guide To The Law And Legal Literature Of France, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.