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Articles 1 - 30 of 30
Full-Text Articles in Law
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Federal Communications Law Journal
Protecting United States industry from the costs of overseas pirating is complex without an enforceable bilateral copyright agreement. In fact, the U.S. loses billions of dollars to acts of piracy abroad every year. Yet, the Ninth Circuit destroyed a potential check against overseas piracy in Subafilms, Ltd. v. MGM-Pathe Communs. Co. when it ruled that the U.S. Copyright Act does not prohibit piracy abroad. After a discussion of relevant case law surrounding extraterritorial application of the Copyright Act, the Author of this Note criticizes the Subafilms decision and proposes changes to the current language contained in the Copyright Act.
The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason
The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason
Indiana Journal of Global Legal Studies
Dr. Steer and Mr. Mason begin by noting that since fundingfor
the Rio Earth Summit agreements has not been forthcoming,
multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or
advancing the environmental agenda set forth at the Summit. Dr.
Steer and Mr. Mason note that MFIs furnish three crucial functions
in implementing the global environmental agenda. First, MFIs are
able to target investments in developing countries that involve
important environmental issues. Second, MFIs are able to support
policy reforms within developing countries to ensure environmental
standards and issues are properly addressed. Finally, MFIs can
multiply a small amount offunding into a significant …
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
Indiana Journal of Global Legal Studies
The dominant position of economists on trade and environment is that
increasing trade raises living standards, which provide the economic
basis for reduced pollution. Professors Chapman, Agras, and Suri
present a perspective that raises very different points. First, the dramatic
growth of manufacturing in East Asia for global markets is
based entirely (or nearly so) on the importation of processed
pollution-intensive raw materials. For a typical product in this global
system, a U.S. consumer purchasing an Asian product made from
imported resources benefits from a lower price and a cleaner local
environment; however, energy use and pollution associated with the …
Introduction: Indiana Journal Of Global Legal Studies Immigration Project
Introduction: Indiana Journal Of Global Legal Studies Immigration Project
Indiana Journal of Global Legal Studies
No abstract provided.
Customary (And Not So Customary) International Environmental Law, Daniel Bodansky
Customary (And Not So Customary) International Environmental Law, Daniel Bodansky
Indiana Journal of Global Legal Studies
In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Indiana Journal of Global Legal Studies
Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
Indiana Journal of Global Legal Studies
The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …
International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish
International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish
Indiana Journal of Global Legal Studies
The media was once filled with images of encroaching deserts and
starving populations. Attention has since shifted to other issues, but
the problems remain. Desertification is acute not only in familiar
desert regions such as the Sahara, but in regions such as the Sahelian
and Other drylands which comprise nearly thirty-five percent of the
earth's total land area. Mr. Danish analyzes the Desertification
Convention of 1995, discussing both the Convention's efforts to
address the environmental degradation and the Convention's impact
on international notions of the state, crafting large-scale responses,
and generating centralized regulation. This Convention employs a
"bottom-up" approach; it …
International Reaction To Hong Kong's Countdown To 1997: Doors Open To Hong Kong's Emigrants, Susan Goldammer
International Reaction To Hong Kong's Countdown To 1997: Doors Open To Hong Kong's Emigrants, Susan Goldammer
Indiana Journal of Global Legal Studies
No abstract provided.
The Challenge Of Immigration Policy In The New South Africa, Kevin Tessier
The Challenge Of Immigration Policy In The New South Africa, Kevin Tessier
Indiana Journal of Global Legal Studies
No abstract provided.
The Politics Of Western Immigration, Stephen E. Scheele
The Politics Of Western Immigration, Stephen E. Scheele
Indiana Journal of Global Legal Studies
No abstract provided.
Immigration Law In The Russian Federation, Kevin Tessier
Immigration Law In The Russian Federation, Kevin Tessier
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.
'Jurassic' Trade Dispute: The Exclusion Of The Audiovisual Sector From The Gatt, Jonas M. Grant
'Jurassic' Trade Dispute: The Exclusion Of The Audiovisual Sector From The Gatt, Jonas M. Grant
Indiana Law Journal
No abstract provided.
The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier
The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier
Indiana Journal of Global Legal Studies
No abstract provided.
Gay Marriage - A Modern Proposal: Applying Baehr V. Lewin To The International Covenant On Civil And Political Rights, Anne M. Burton
Gay Marriage - A Modern Proposal: Applying Baehr V. Lewin To The International Covenant On Civil And Political Rights, Anne M. Burton
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Institutional Aspects Of International Governance, Elisabeth Zoller
Institutional Aspects Of International Governance, Elisabeth Zoller
Indiana Journal of Global Legal Studies
Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …
Liberal Nationalism By Yael Tamir, Ralph F. Gaebler
Liberal Nationalism By Yael Tamir, Ralph F. Gaebler
Indiana Journal of Global Legal Studies
In this review, Mr. Gaebler addresses the claim that nationalism can supply a sense of community to those who live in liberal societies. He concludes that nationalism is fundamentally incompatible with the liberal values of individualism and tolerance, but that the argument presented in Liberal Nationalsim provides a useful critique of liberalism's cultural and psychological deficits. He suggests that neo-Aristotelian ethics offers a better description of liberal community than that afforded by nationalism.
The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord
The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord
Indiana Law Journal
No abstract provided.
U.S. Policy Toward The New Independent States: A Pragmatic Strategy Grounded In America's Fundamental Interests, Warren Christopher
U.S. Policy Toward The New Independent States: A Pragmatic Strategy Grounded In America's Fundamental Interests, Warren Christopher
Indiana Journal of Global Legal Studies
No abstract provided.
Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel
Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel
Indiana Journal of Global Legal Studies
No abstract provided.
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Indiana Journal of Global Legal Studies
Ms. Darian-Smith explores the relationship between law and the
concept of "landscapes, "which she describes as the spatial imagery
through which law is conceived and from which it draws meaning.
She first defines the complex and historically rich concept of the
"garden image," both in general and as it is seen in (and by)
England, its people, and its surrounding political, cultural, and
spatial contexts. In general terms, the garden image is injected into
issues of environmental law. Further, she notes that the garden has
been a fluid, ever-changing concept for England's society and its
developing legal system. Specifically, Darian-Smith …
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Indiana Journal of Global Legal Studies
Professor Buchanan begins her paper by questioning whether
recent economic and political shifts towards notions of
"globalization" (e.g., the NAFTA) have failed to consider the
politics or economics of change in particular places. Her prime
example of a "place" where integration is illogically forced against
a background of differentiation is the U.S.-Mexico border region.
Through the scope of a "regulatory complex" (a complex of legal,
institutional, regulatory, and social orderings), she departs from the
common view of the NAFTA as a productive tool of North American
integration, and instead views the NAFTA as exacerbating
"differences between localities, industries, and labor …
A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman
A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman
Indiana Journal of Global Legal Studies
Dean Alfred Aman 's article addresses recent U.S.
administrations' attempts at regulatory reform and notes that as far
as the actual reforms are concerned, there are more similarities
over time than differences. The globalization of politics and
markets and manufacturing, in particular, has helped create global
political economic forces that militate in favor of various forms of
deregulation and privatization not only in the United States, but in
other western democracies as well. Dean Aman focuses on the
United States, noting that globalization has reduced the effectiveness
of local and national regulators, especially since firms are
increasinglyf ree to choose …
Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer
Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer
Indiana Journal of Global Legal Studies
In this article Mr. Bill Maurer addresses a fundamental tension
at work in the British Virgin Islands: while British Virgin Islanders
(BVIslanders) proudly term themselves a "law and order" people
and seek to distinguish themselves from other Caribbean peoples,
the territory remains as wedded as ever to its British rulers and the
West. Mr. Maurer first notes that when a colonial people begins to
view itself as essentially different from its rulers, it may begin a
concomitant move toward self-rule. He shows that while the BVI
exhibits many attributes of such a territory, BVIslanders consider
their ties to Britain a …
The African Elephant, Africa, And Cites: The Next Step, Bill Padgett
The African Elephant, Africa, And Cites: The Next Step, Bill Padgett
Indiana Journal of Global Legal Studies
No abstract provided.
Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher
Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher
Indiana Journal of Global Legal Studies
No abstract provided.
National And International Copyright Liability For Electronic System Operators, Charles J. Meyer
National And International Copyright Liability For Electronic System Operators, Charles J. Meyer
Indiana Journal of Global Legal Studies
No abstract provided.
The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd
The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd
Indiana Journal of Global Legal Studies
No abstract provided.