Law Commons^™

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …

What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt

Indiana Journal of Global Legal Studies

Translation and interpretation have long played a vital role in many legal contexts, from providing equal rights to defendants to facilitating mutual understanding among the members of the United Nations. Legal language, though, is incredibly complex and even faithfully equivalent translations can fail to meet the high standards required for operation in international legal contexts, where a lack of understanding over a single term could mean the difference between a material and non-material breach in a treaty or transnational contract. Branches of linguistics, such as comparative legal linguistics and forensic linguistics, study the characteristics and functions of legal language across …

Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson

Indiana Law Journal

Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations—a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. Recent scholarship …

Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku

Indiana Law Journal

For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …

Government To State: Globalization, Regulation, And Governments As Legal Persons, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers

Indiana Journal of Global Legal Studies

No abstract provided.

The War Powers In French Constitutional Law, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen

Indiana Law Journal

No abstract provided.

The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

A Proposed Revision Of The Warsaw Convention, Susan Schneider Lewin

Indiana Law Journal

No abstract provided.

Security Council Resolutions In United States Courts, Janis P. Bianchi

Indiana Law Journal

No abstract provided.

Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.

Matters Of Domestic Concern: A Potential Judicial Limitation On The Treaty-Making Power?

Indiana Law Journal

No abstract provided.

Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright

Indiana Law Journal

No abstract provided.

Treaties And Executive Agreements: Historical Development And Constitutional Interpretation, Wencelas J. Wagner

Articles by Maurer Faculty

The recent proposal to amend the Constitution known as the Bricker Amendment concerns a most vital matter for the nation: its relations with foreign states.

In order to estimate the merits and demerits of the Bricker Amendment it is necessary to get acquainted with the historical development and the constitutional interpretation in the field of international arrangements of the United States. The present observations aim at the presentation of this matter down to the Bricker Amendment. The Amendment itself and the discussion it aroused should be treated in a separate article.

Construction Of Written Instruments, Richard R. Powell

Indiana Law Journal

This article is part of a series of lectures delivered before the Law Institute of the Indianapolis Bar Association in December 1938. A further installment will appear in the April issue of the Journal.