Law Commons^™

The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole

Articles by Maurer Faculty

Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: …

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.

Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner

Indiana Journal of Global Legal Studies

To explore these tentative diagnoses and conceptualizations we called for papers engaging different aspects of law's subjectivity turn. A selection of papers that map the possible genealogies for the emergence of post-neoliberal law, address the implications of anthropomorphic corporate regulation, or analyze transformations in sovereign subjectivities is now published in this symposium issue. The papers take up and make salient an array of the big questions of our day.

While overlapping, the papers can be broadly divided into two categories. The first category consists of papers that explore the internal make-up of legal and regulatory subjectivities. Drawing on history, queer …

Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer

Indiana Journal of Global Legal Studies

The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …

Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi

Indiana Journal of Global Legal Studies

This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.

Statehood, Power, And The New Face Of Consent, Sheldon Leader

Indiana Journal of Global Legal Studies

Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …

Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz

Indiana Journal of Global Legal Studies

At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …

Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich

Indiana Journal of Law and Social Equality

No abstract provided.

On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage

Articles by Maurer Faculty

This Essay — written for Florida State University’s symposium on the 100th anniversary of the U.S. federal income tax — evaluates how the literature on tax salience should be advanced in order for it to better guide tax policy over the coming decades. The literature on tax salience analyzes how taxpayers account for the costs imposed by taxation when the taxpayers make decisions or judgments, both in the taxpayers’ roles as voters and as market participants. This Essay evaluates both possible operative mechanisms that might underlie observed tax salience effects and limiting factors that might prevent tax salience effects from …

Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

The Role Of Theory And Evidence In Media Regulation And Law: A Response To Baker And A Defense Of Empirical Legal Studies, Daniel E. Ho, Kevin M. Quinn

Federal Communications Law Journal

We thank Professor Baker for a stimulating response to an Article in which we offered empirical evidence of editorial viewpoint diversity in the face of media consolidation. We appreciate his praise of the Article as "apply[ing] innovative statistical techniques" and as "far superior methodologically to most empirical studies" he has seen. At the same time, Baker "denies the policy relevance" to our Article because empirical evidence is "entirely irrelevant" to the field of media regulation under his preferred normative theory. Baker argues sweepingly that the legal academy's increased willingness to consider the perspectives of quantitative empiricists and positive theorists is …

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem

Articles by Maurer Faculty

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.

This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of …

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

Content Discrimination And The First Amendment, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Book Review. Conceptual Change And The Constitution, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad

Articles by Maurer Faculty

These two books are much of a piece. Both advocate a libertarian jurisprudence of "Natural Rights"; and the rights in question are, they tell us, determinate and historic. It is primarily this distinctive historicism common to both books that I take as an invitation to consider them as a pair.

A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira

IUSTITIA

In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.

Radical Perceptions Of International Law And Practice, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Unification Of Political And Legal Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

When Is A Political Question Justiciable?, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Newer Social Scientists Look At Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.