Law Commons^™

Corporate Codes As Private Co-Regulatory Instruments In Corporate Governance And Responsibility And Their Enforcement, Jan Eijsbouts

Indiana Journal of Global Legal Studies

Corporate Social Responsibility (CSR) codes have gained a prominent role as tools in self-regulation for companies to establish their basic values, norms, and rules that condition the conduct of directors, managers, employees, and-increasingly-of suppliers. This development must be seen in the light of two important paradigmatic changes in the concepts both of CSR and corporate governance. The former is no longer purely voluntary and the latter has become inclusive of CSR, each with far-reaching consequences for the raison d'itre and the place and function of the codes in the smart regulatory mix governing corporations. While the codes were based originally …

Introduction To Symposium On Industry Associations In Transnational Legal Ordering, Gregory Shaffer, Melissa J. Durkee

Scholarly Works

As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry associations influence and shape law as part of transnational legal processes, potentially giving rise to transnational legal orders.

Astroturf Activism, Melissa J. Durkee

Scholarly Works

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch

Michael Kirsch

This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard. These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …

Toward An International Constitution Of Patient Rights, Alison Poklaski

Indiana Journal of Global Legal Studies

In the past decade, medical tourism-the travel of patients across borders to receive medical treatment-has undergone unprecedented growth, fueled by the globalization of health care and related industries. While medical tourism can benefit patients through increased access to treatment and cost-savings, medical travel also raises concerns about ensuring quality of care and legal redress in medical malpractice. Moreover, existing regulations fail to address these unprecedented issues. The multilateral adoption of an International Constitution of Patient Rights (ICPR) is necessary in order to more effectively preserve medical tourism's benefits and guard against its risks.

Trademark Cosmopolitanism, Sonia K. Katyal

Sonia Katyal

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …

Globalization, Global Governance, And Challenges To Contemporary Constitutionalism: The (Trans) Constitutional Perspective And The Dialogue Among Jurisdictions, Thaís Vandresen, Maria Cláudia S. Antunes De Souza

University of Baltimore Journal of International Law

This article focuses on the challenges facing contemporary constitutionalism before the irreversibility of globalization and the prospect of global governance. The goal of this article is to identify the proposals concerning the development of a global constitutionalism, as well as analyze the limits and possibilities of proposed trans-constitutionalism as an alternative to establish juridical “dialogues” among different legal normative orders. The study is justified, having in mind the need for re-contextualization of contemporary constitutionalism, given the fragility of the concept of sovereignty and the multiplicity of regulatory sources, especially concerning the international protection of human rights. Rationale inductive basis was …

Potential Impacts On Individuals Caused By The Invasion Of Ngos Into International Politics, Zhao Li, Haibin Qi

University of Baltimore Journal of International Law

In the contemporary world, NGOs are playing significant roles in international cooperation and globalization. This actively promotes the formation of a global society. Accompanying that, NGOs also have an increased international political influence. Against this background, some scholars believe the rise of NGOs will create an era of individuals’ emancipation from the sovereign states, while others consider that the golden age of autonomy has passed. This paper studies the essence of the association dominated by NGOs and how this association affects individuals in international politics. This paper suggests that the ideal subject for NGOs is one with clearly defined and …

Location Savings And Segmented Factor Input Markets: In Search Of A Tax Treaty Solution, Mitchell A. Kane

Brooklyn Journal of International Law

This article analyzes the proper bounds of source-based taxation of profits generated when firms outsource factor inputs, such as labor, to achieve cost savings. The article advances arguments grounded in efficiency, treaty text, and international distribution to justify greater source-based taxation than has historically been the case. To implement such expanded taxation, the article proposes a modification to transfer-pricing rules in instances where factor inputs are acquired from affiliates and a modification to the tax treaty rules regarding permanent establishments where factor inputs are acquired from unrelated parties. Finally, the article deals with a range of complications, particularly relating to …

International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans- Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle

All Faculty Scholarship

The Obama administration’s “pivot” or “rebalance” to Asia has shaped the Obama administration’s impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China—particularly in the context of disputes over the South China Sea—and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the U.S. as …

Tax Treaties And The Taxation Of Services In The Absence Of Physical Presence, Michael Kirsch

Journal Articles

It is old news that modern technological developments have strained long‐standing international tax policies and principles. Tax treaties have attempted to keep pace by fitting these new developments within the existing framework. This brief article addresses one aspect of technological developments that can directly affect individual taxpayers—the increasing ability to deliver personal services electronically across borders, without the need for the service provider to have a physical presence in the “source” country. In particular, it focuses on recent developments with the U.N. Model, which may allow source‐based taxation of at least some types of services income even in the absence …

The Globalization Of Law, Martin Shapiro

Martin Shapiro

No abstract provided.

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Akron Law Review

My goal here, however, is not directly to challenge the framework of lawyer regulation. Instead, I write to suggest an adjustment to the existing regulatory regime, setting aside, at least for the moment, any challenge to the merits of the system itself. My proposal is quite modest: In order to inform the choices implicit in rulemaking, regulation ought to be based upon sound empirical evidence. This is particularly important because of the complexities brought about by globalization.

The Globalization Of Crime Control: The Use Of Non-Criminal Justice Responses For Countering Organized Crime, Bjarni Halldor Sigursteinsson

LLM Theses

This thesis examines domestic authorities’ use of non-criminal justice responses to counter organized crime. Examples of responses used to counter outlaw motorcycle gangs in Canada, Germany, and Iceland are provided. These responses are significantly different from most international efforts focusing on criminal norms and cooperation in criminal matters.

As harmonization of legislation, policies and practices in this field become an international focus, I examine the role currently played by the European Union in promoting these non-criminal justice 'alternative' enforcement strategies for the purpose of furthering the development of international and domestic efforts to counter organized crime.

This study concludes that …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas

Chantal Thomas

This Essay links a particular legal case study with a broader set of questions about the "family" in a global political and economic context. Part I clarifies the analytic links between the household, the market, and globalization. By studying Egypt, the Essay focuses on one part of this global sociolegal continuum and draws out the special significance of transnational background rules and conditions for the "developmental state." Part II presents the legal framework affecting labor conditions of sub-Saharan African asylum-seekers who are migrant domestic workers in Egypt, and particularly the legal framework that affects their ability to bargain in securing …

The Aspiring And Globalizing Graduate Law Student: A Comment On The Lazarus-Black And Globokar Ll.M. Study, Jayanth K. Krishnan, Vitor M. Dias

Indiana Journal of Global Legal Studies

As a thought experiment, in the next section we present a theoretical frame (that builds on what previous scholars have discussed) for understanding motivation-as it relates to the subject focused on by Lazarus-Black and Globokar. Based on this model, we then postulate an alternative motivation for why foreign applicants might wish to pursue their LL.M. studies. We base our hypothesis on the experiences we have had in two countries we know well: India and Brazil. Because this is just a short Comment, we leave the empirical work on our proposal for future research. Our hope is that this exercise might …

At Play In The Field Of Law: Symbolic Capital And Foreign Attorneys In Ll.M. Programs, Jan Hoffman French

Indiana Journal of Global Legal Studies

In this Comment, I would like to pick up a thread of the authors' analysis and, in so doing, shift the emphasis a bit. That thread relates to their use of Pierre Bourdieu's theoretical conceptualizations of "field" and "forms of capital." In their analysis of admissions essays submitted by foreign-lawyer applicants, Lazarus-Black and Globokar consider how the discursive genre of the admissions essay orients itself to the powerladen structures that constitute the particular field within which the essay is playing, or to which it is addressed.8 They also use the Bourdieusian concepts of "cultural and linguistic capital" in relation to …

Notes Toward An Understanding Of The U.S. Market In Foreign Ll.M. Students: From The British Empire And The Inns Of Court To The U.S. Ll.M., Bryant G. Garth

Indiana Journal of Global Legal Studies

Mindie Lazarus-Black and Julie Globokar's article on "Foreign Attorneys in U.S. LL.M. Programs: Who's In, Who's Out, and Who They Are" uses interviews, LL.M. student observations, and actual admissions committee documents from one Midwest and one East Coast law school to confirm the tremendous growth of those programs over the past two decades in the United States and indicate who makes the journey to the United States; how foreign LL.M. candidates pitch themselves to admissions committees; how those admissions committees evaluate candidates; and what candidates expect from LL.M. programs. The voices that come through are quite compelling. We now know …

Immigrant Lawyers And The Changing Face Of The U.S. Legal Profession, Ethan Michelson

Indiana Journal of Global Legal Studies

In this Comment, I extend Lazarus-Black and Globokar's analysis further downstream to consider the stakes for the U.S. legal profession as a whole. Gatekeepers to LL.M. programs are doing far more than determining individual fates and collectively shaping the future of U.S. legal education. I will demonstrate in this Comment that their work helps shape-in concrete, measurable ways-the demographic composition of the U.S. legal profession. In so doing, I will contribute to the emerging field of legal demography, which refers to the study of lawyers through the analysis of data not collected for this specific purpose.

The Metaculture Of Law School Admissions: A Commentary On Lazarus-Black And Globokar, Bonnie Urciuoli

Indiana Journal of Global Legal Studies

What does it mean for law school applicants to become, as Mindie Lazarus-Black and Julie Globokar put it, "what the ranking[s] count[]"? What does it mean for foreign applicants to develop responses to the application process by writing essays in certain ways, to project themselves (again as Lazarus-Black and Globokar put it) as "commodified persona[s]"? The application process analyzed by Lazarus-Black and Globokar exemplifies what Greg Urban calls metaculture: cultural forms that point actors toward recognizing and understanding what they do as exemplifying a particular cultural pattern. Metaculture is the mechanism by which culture is reproduced, moving through time and …

Editors' Note, Alfred C. Aman, Lydia Barbash-Riley

Indiana Journal of Global Legal Studies

The Article is followed by five comments, which critique and expand on the themes in Lazarus-Black and Globokar's piece. The comments are authored by Professors Bryant G. Garth, Jayanth K. Krishnan and Vitor M. Dias, Jan Hoffman French, Ethan Michelson, and Bonnie Urciuoli. Issue 1 also includes four notes from student authors proposing and analyzing new regulatory, policy, and management solutions for complex global problems.

Global Data Meets 3-D Printing: The Quest For A Balanced And Globally Collaborative Solution To Prevent Patent Infringement In The Foreseeable 3-D Printing Revolution, Tyler Macik

Indiana Journal of Global Legal Studies

This Note explores a potential global solution to the foreseeable patent infringement problems with 3-D printing and do-it-yourself users. More specifically, at a time when 3-D printing is quickly gaining popularity and recognition for its many beneficial applications through advancements in printing and scanning technology, the current state of patent law lacks the ability to detect and prevent patent infringement among do-it-yourself users of 3-D printing. I propose a potential global solution that would provide a balance between fostering growth in 3-D printing and upholding patentees' rights by exploring the possibility of creating a collaborative, intergovernmental 3-D CAD file database …

Using A Community-Based Strategy To Address The Impacts Of Globalization On Underwater Cultural Heritage Management In The Dominican Republic, Lydia Barbash-Riley

Indiana Journal of Global Legal Studies

This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of …

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles

Annelise Riles

No abstract provided.

Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol

D. Daniel Sokol

The international expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to two articles on law firm expansion in the Indiana University - Bloomington Law School symposium on the Globalization of the Legal Profession. The article utilizes management studies' theoretical work on internationalization and applies it to law firm expansion to explain law firm strategic decision-making. The author creates a six part taxonomy for types of law firm expansion and provides a snapshot of the increasing U.S./U.K. dominance of capital markets, corporate and mergers and acquisitions legal …

Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol

D. Daniel Sokol

Antitrust has entered a gilded age of increased international domestic legislatures, courts, and agencies, and the market as an institution. Existing institutions each have limitations in their ability to address any of the issues in international antitrust exclusively. This Article argues that the ICN is the institution best suited to address these issues. This approach may assist to identify other regulatory areas in which an ICN modeled "soft law" transnational institutional choice may prove to be the most effective way to address international issues.

Sex And Globalization, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields -- certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and …

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Faculty Scholarly Works

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …