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Full-Text Articles in Law
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Indiana Journal of Global Legal Studies
The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …
The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan
The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan
Indiana Law Journal
In this Article, I take up one slice of what should be a broad re-examination of
U.S. law and policy. I argue that the new attacks have been undertaken by entities
that can and should be designated as foreign terrorist organizations. Doing this would
permit prosecutors to target those who support these entities with tools that are not
currently available. This Article is both a doctrinal argument that directly addresses
the many legal hurdles that make designating groups, such as foreign hackers and
troll farms, terrorist organizations a complicated endeavor, and a policy argument
about how U.S. law and policy …
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Indiana Law Journal
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
The Global Crackdown On Insider Trading: A Silver Lining To The "Great Reccession", Christopher P. Montagano
The Global Crackdown On Insider Trading: A Silver Lining To The "Great Reccession", Christopher P. Montagano
Indiana Journal of Global Legal Studies
The wake of the Great Recession marked a period of increased enforcement of insider trading violations by nation-states and self-regulatory organizations overseeing stock markets around the world. Before discussing the heightened global enforcement of insider trading, this Note explains the development of insider trading regulation by focusing on U.S., EU, and China law. This Note argues that the heightened global enforcement of insider trading violations in the wake of the Great Recession is a sign of a shared perception by market regulators around the world that there is a need to restore market confidence. Strong enforcement of insider trading regulations …
Immigration Control In An Era Of Globalization: Deflecting Foreigners, Weakening Citizens, Strengthening The State, Valsamis Mitsilegas
Immigration Control In An Era Of Globalization: Deflecting Foreigners, Weakening Citizens, Strengthening The State, Valsamis Mitsilegas
Indiana Journal of Global Legal Studies
In stark contrast to the field of legislation on the rights of third country nationals or to the requirements and conditions for access to the territory of states, the field of the enforcement of immigration control has been increasingly subject to legal harmonization: either by the adoption of global law on immigration control or by the convergence of domestic law and policy in the field. This convergence is particularly marked when one compares legal responses to immigration control in the United States and the European Union, where globalization has been used to justify the extension of state power-by proclaiming state …
"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker
"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker
Indiana Journal of Global Legal Studies
This Article, based on ethnographic fieldwork with an undocumented, youth-led immigrant rights organization, explores undocumented youth activism in the United States in relation to global anti-deportation movements. The strategies that undocumented youth utilize in their fight for the DREAM Act, a bill that creates provisions for certain undocumented youth to legalize their status, are compared with examples of anti-deportation activism outside the United States. In comparing the DREAM Act movement with anti-deportation movements globally, three points of commonality emerge: (1) leadership of undocumented immigrants; (2) visibility; and (3) measures of "deservingness." This Article argues that comparing examples of immigrant activism …
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …
Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut
Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut
Indiana Journal of Global Legal Studies
On September 6, 1901, a self-proclaimed anarchist named Leon Czolgosz fatally shot President William McKinley at the Pan-American Exposition in Buffalo, New York. This paper places the suppression of anarchists and the exclusion and deportation of foreigners in the aftermath of the "shot that shocked the world" within the context of international anti-anarchist efforts, and reveals that President McKinley's assassination successfully pulled the United States into an existing global conversation over how to combat anarchist violence. This paper argues that these anti-anarchist restrictions and the suppression of expression led to the emergence of a "free speech consciousness" among anarchists, and …
Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri
Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri
Indiana Law Journal
Feminist legal theorists have devoted enormous attention to conceptualizing the issues of sex work and trafficking for sexual purposes. While these theories vary, they typically fall into one of two camps. The abolitionist perspective, having grown out of dominance feminist theory, perceives sex work as inherently exploitative. In contrast, a second group of theorists adopts a liberal notion of individual choice and draws on the poststructuralist rejection of gender essentialism to envision a theoretical model of sex-worker rights. The legal and public policies that grow from these two models are similarly polarized. Radical feminist abolitionists are often strange bedfellows with …
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Indiana Law Journal
Addison C. Harris Lecture
Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle
Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle
Indiana Journal of Global Legal Studies
In this article, I describe and analyze three principles of First Amendment doctrine. First, the Establishment Clause generally forbids governmental expression that has the purpose or effect of promoting or endorsing religion. Second, and conversely, private religious expression is broadly defined and is strongly protected by the Free Speech Clause. Third, as an implicit exception to the first principle, the government itself is sometimes permitted to engage in expression that seemingly does promote and endorse religion, but only when the expression is noncoercive, nonsectarian, and embedded within (or at least in harmony with) longstanding historical tradition. Comparing these three principles …
Laïcité In The United States Or The Separation Of Church And State In Pluralist Society, Elisabeth Zoller
Laïcité In The United States Or The Separation Of Church And State In Pluralist Society, Elisabeth Zoller
Indiana Journal of Global Legal Studies
No abstract provided.
French And U.S. Modes Of Educational Regulation Facing Modernity, Denis Meuret
French And U.S. Modes Of Educational Regulation Facing Modernity, Denis Meuret
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Grenztiberschreitendes (Internationales) Insolvenzrecht Dervereinigten Staaten Von Amerika Und Der Bundesrepublik Deutschland (Cross-Border Bankruptcy Law Of The United States And Germany), By Edgar J. Habscheid, Hannah Buxbaum
Indiana Journal of Global Legal Studies
No abstract provided.
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Indiana Journal of Global Legal Studies
No abstract provided.
The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd
Indiana Journal of Global Legal Studies
No abstract provided.
A Different Time, A Different Place: Breaking Up Telephone Companies In The United States And Japan, Richard E. Nohe
A Different Time, A Different Place: Breaking Up Telephone Companies In The United States And Japan, Richard E. Nohe
Federal Communications Law Journal
Currently, the Japanese government is in the midst of a decision with respect to the future of the now privatized Nippon Telegraph and Telephone (NTT) of Japan. The divestiture of AT&T, NTT's United States counterpart, occurred over a decade ago. The Japanese government is contemplating the use of AT&T as a model for the break up of NTT. Because of NTT's history as a monopoly service provider, the central issue confronting Japan is how to create a market that can withstand competition nationally and globally.
The Author adopts a comparative approach in seeking to provide guidance to policymakers in Japan. …
International Claims: A Comparative Study Of American And British Postwar Practice, Richard B. Lillich
International Claims: A Comparative Study Of American And British Postwar Practice, Richard B. Lillich
Indiana Law Journal
Symposium: Procedural Aspects of International Law
Judicial Interpretation Of International Law In The United States, By Charles Pergler, John G. Hervey
Judicial Interpretation Of International Law In The United States, By Charles Pergler, John G. Hervey
Indiana Law Journal
No abstract provided.