Law Commons^™

A World Of Passions: How To Think About Globalization Now, Jedediah Purdy

Indiana Journal of Global Legal Studies

No abstract provided.

Toward Global Democracy: Thoughts In Response To The Rising Tide Of Nation-To-Nation Interdependencies, Hassan El Menyawi

Indiana Journal of Global Legal Studies

No abstract provided.

Localizing Intellectual Property In The Globalization Epoch: The Integration Of Indigenous Knowledge, Chidi Oguamanam

Indiana Journal of Global Legal Studies

No abstract provided.

Building The Northeast Asian Community, Byung-Woon Lyou

Indiana Journal of Global Legal Studies

No abstract provided.

For-Profit Education Service Providers In Primary And Secondary Schooling: The Drive For And Consequences Of Global Expansion, Amy M. Steketee

Indiana Journal of Global Legal Studies

No abstract provided.

Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu

San Diego International Law Journal

This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.

The Ethnic Question In Law And Development, Lan Cao

Michigan Law Review

World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability, by Professor Amy Chua, is an analytically complex narrative of contemporary ethnic violence in the current era of globalization. Although such violence has historical roots, according to Chua it has also been fueled by free-market forces and democratization. The book is a forceful and provocative indictment of the current U.S. policy of promoting and exporting markets and democracy to developing and formerly communist, market-transitional countries. In her book, Professor Chua applies her thesis - that ethnicity, global capitalism, and democracy are a volatile mix - …

Multinational Antitrust: Lessons From The U.S. Experience, Douglas H. Ginsburg

Michigan Law Review

The globalization of business has resulted in a host of new issues facing antitrust regulators. As they rush to meet the challenges presented by the vastly greater volume of international business transactions, the increasing consolidation of global business operations, and the rapid evolution of computing and communications networks, the regulators leave in their wake an increasingly onerous burden on businesses engaged in international commerce. There is little guidance available, however, to the antitrust neophyte who wants to become familiar with these developments. They, as well as legal and economic scholars, lawyers, and others already steeped in antitrust law - or …

The Transnational Corporation In History: Lessons For Today?, Janet Mclean

Indiana Law Journal

This is the revised text of the George P. Smith, II Lecture delivered at Indiana University School of Law- Bloomington on April 4, 2003.

Why The World Radiocommunication Conference Continues To Be Relevant Today, Kathleen Q. Abernathy

Federal Communications Law Journal

This Article by FCC Commissioner Kathleen Q. Abernathy critiques the continued importance of the World Radiocommunication Conference ("WRC"), and its role in international communications affairs. The Article analyzes the most recent WRC in Geneva, Switzerland from a critical modem perspective. Abernathy explores the accomplishments of the most recent WRCs, while addressing concerns that the WRC process is slow and outdated. First, the Author argues that the WRC provides an international forum to maximize the global harmonization of the radiocommunications spectrum resource. Second, the Author posits that the WRC decision-making process creates technical and operational certainty for new and existing users. …

The End Of Software Piracy In Eastern Europe? A Positive Outlook With International Help, Allison M. Collisson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Corporate Social Responsibility In A Global Economy After September 11: Profits, Freedom, And Human Rights, Frank René López

Mercer Law Review

The world economy is now more integrated than ever before. With improved technology in communications and transportation and the explosion of new trade markets, such as the North American Free Trade Agreement ("NAFTA"), the United States has expanded its economic grip to countries all over the world. The United States is at the forefront of the ever-expanding global economy.

Globalization has enabled many U.S. companies to achieve incredible financial success. In fact, many global corporations are now enormous economic giants with economies that rival those of many developing countries. For example, in 2000 Exxon-Mobil's gross sales were $210.3 billion while …

The Fourth Annual A.A. Sommer, Jr., Lecture On Corporate, Securities & Financial Law, William J. Mcdonough, William Michael Treanor, John Fx Peloso, Jill E. Fisch

Fordham Journal of Corporate & Financial Law

No abstract provided.

Unemployment Insurance Meets Globalization And The Modern Workforce, Deborah Maranville

Santa Clara Law Review

No abstract provided.

Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor

Michigan Journal of International Law

Why do domestic legal institutions matter, and why can trading parties-in particular exporters of complex goods-not easily opt-out of their domestic legal institutions? The authors argue that domestic institutions remain important even in a globalized world, because they are the final option for enforcing a claim against a party in the event of a breach of contract. International contracts take place in the shadow of the parties' home institutions. Unless parties can negotiate a settlement, or the losing party voluntarily complies with a foreign court or arbitration ruling, the winning party must seek enforcement against the assets of the losing …

The State And Globalization: Denationalized Participation, Saskia Sassen

Michigan Journal of International Law

The effort in this paper is to recover the ways in which the state participates in governing the global economy in a context increasingly dominated by deregulation, privatization, and the growing authority of non-state actors. A key organizing proposition, derived from my previous work on global cities' is the embeddedness of much of globalization in national territory, that is to say, in a geographic terrain that has been encased in an elaborate set of national laws and administrative capacities. The embeddedness of the global requires at least a partial lifting of these national encasements and hence signals a necessary participation …

Courts And Globalization, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

From Empire To Globalization: The New Zealand Experience, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

The Political Origins Of The New Constitutionalism, Ran Hirschl

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge

Human Rights & Human Welfare

A review of:

Workers’ Rights as Human Rights edited by James A. Gross. Ithaca: Cornell University Press, 2003. 272pp.

and

International Labor Standards: Globalization, Trade, and Public Policy edited by Robert J. Flanagan and William B. Gould IV. Palo Alto: Stanford University Press, 2003. 275pp.

Globalization And The Myth Of Absolute National Sovereignty: Reconsidering The "Un-Signing" Of The Rome Statute And The Legacy Of Senator Bricker, John R. Worth

Indiana Law Journal

No abstract provided.

Forum Non Conveniens And The Foreign Forum: A Defense Perspective, C. Ryan Reetz, Pedro J. Martinez-Fraga

University of Miami Inter-American Law Review

No abstract provided.

Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.

Michigan Journal of International Law

This Article asserts that judicial exchange rather than dominance has inherent advantages as a technique for evolving a global legal culture. For insight into the global task, the Article looks first at an internecine struggle within the continental system. For further background, it describes how the U.S. Supreme Court has accommodated deviations from the basic legal model in U.S. administrative law as well as other internal U.S. legal systems. The supranational tribunals in the European setting and U.S. Supreme Court have shown the capacity to engage in dialogues over diverse legal philosophies. These experiences demonstrate the advantages of a mix …

Regime-Collisions: The Vain Search For Legal Unity In The Fragmentation Of Global Law, Andreas Fischer-Lescano, Gunther Teubner

Michigan Journal of International Law

Predictions of future events tend to be a rarity within the social sciences. It is an even more rare occurrence when predicted events come to pass. Niklas Luhmann's prediction on the future of global law is a memorable exception. In 1971, while theorizing on the concept of world society, Luhmann allowed himself the "speculative hypothesis" that global law would experience a radical fragmentation, not along territorial, but along social sectoral lines. The reason for this would be a transformation from normative (politics, morality, law) to cognitive expectations (economy, science, technology); a transformation that would be effected during the transition from …

Reply To Andreas L. Paulus Consensus As Fiction Of Global Law, Andreas Fischer-Lescano, Gunther Teubner

Michigan Journal of International Law

Andreas Paulus reminds us correctly that narratives "of a world of sovereign states loosely cooperating in 'coalitions of the willing' no longer tell the whole story." One of the achievements of the 20th century has been the insertion of a vertical dimension within horizontal international law; a dimension created by the ICJ's Traction decision and the Vienna Convention of the Law of Treaties, and within which we can observe "obligations arising for states without or against their will." Any narrative that characterizes these legal norms as a simple product of interstate consensus is particularly thin if analysis focuses upon the …

Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell

Michigan Journal of International Law

The authors argue in this paper that the institution of the minimum wage is also an important factor in explaining changes in earnings inequality in Costa Rica, and that it can be an important factor in many developing countries. This study is a departure from the literature on institutions and development, which tends to analyze the impact of a more generally defined set of institutions using data on a number of countries. In this paper the authors analyze detailed changes in one institution in one country, using panel data over time. They argue that it is important to understand how …

Development, Globalization, And Law, Robert L. Kuttner

Michigan Journal of International Law

Is global commerce under essentially laissez-faire rules optimal for economic development? In this era of liberated and deregulated markets, and after the final collapse of communism, a great many commentators would consider that a self-evident question. Of course free global commerce is good for economic development, because we know that the freest possible markets produce the most efficient use of resources and the highest available rates of economic growth. And growth benefits development. How could it be otherwise? And what is the role of law in facilitating commerce and in contouring a particular regime of domestic and transnational commerce and …

Development: Domestic Constraints And External Opportunities From Glabalization, T. N. Srinivasan

Michigan Journal of International Law

In what follows, this Article first discusses the process of development in Section II. Section III is devoted to the external aspects of development, namely international trade, finance, and intergovernmental organizations. Section IV is concerned with the domestic dimensions and legal reform, drawing on the debate on legal reforms in India. The author offers a few concluding remarks in Section V.

The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield

Michigan Journal of International Law

This Article discusses the meaning and significance of core labor standards and the importance of linking them to trade agreements. It explains why the "protectionist" label often attributed to such linkage efforts by their detractors is misleading, as the example of China illustrates, repression of labor rights constitutes a form of unfair competition which undermines efforts to create a more just and stable world economy.