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Articles 1 - 12 of 12
Full-Text Articles in Law
Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander
Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has made it to Hollywood. The opening scene of the romantic comedy The Wedding Crashers (2005) features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalisation of the themes with which it deals. When mediation becomes one of those themes …
Mobile Mediation: How Technology Is Driving The Globalization Of Adr, Nadja Alexander
Mobile Mediation: How Technology Is Driving The Globalization Of Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has made it to Hollywood. The opening scene of the romantic comedy, The Wedding Crashers (2005), features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated, and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalization of the themes with which it deals. When mediation becomes one of those themes …
The Case For A Flat-Earth Law School, Erik M. Jensen
The Case For A Flat-Earth Law School, Erik M. Jensen
Faculty Publications
This essay suggests - usually politely - that the American legal academy has been overdoing its push for globalization, and, as a result, education in the basics has suffered. That's a pity because law school graduates need to know the basics to be successful not only in Smalltown USA, but also on a world stage.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Articles by Maurer Faculty
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman
Articles by Maurer Faculty
Especially after 1980, our belief in and our use of law to solve societal problems seemed to decline precipitously, well beyond the ebb and flow of political trends and tastes. Beginning in earnest in the 1980s, political discourse increasingly treated law and markets primarily in binary terms. You could have one or the other, but not both. More law meant less markets and vice versa. When it came to choosing between law or markets, the tide clearly had shifted. If injustices in the 1970s were greeted with the slogan "there ought to be a law", that approach to solving problems …
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Articles in Law Reviews & Other Academic Journals
Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …
Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller
Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller
Articles
International law-making by sub-national actors and regulatory networks of bureaucrats has come under attack as lacking in accountability and legitimacy. Global administrative law is emerging as an approach to understanding what international organizations and national governments do, or ought to do, to respond to the perceived democracy deficit in international law-making. This article examines the Basel Committee on Banking Supervision, a club of central bankers who meet to develop international banking capital standards and to develop supervisory guidance. The Basel Committee embodies many of the attributes that critics of international law-making lament. A closer examination, however, reveals a structure of …
Taxation And Multinational Activity: New Evidence, New Interpretations, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.
Taxation And Multinational Activity: New Evidence, New Interpretations, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.
Articles
In the midst of rapid integration and globalization, multinational firms still face tax systems that differ among countries, and these differences have the potential to affect major investment and financing decisions. This research covers a wide range of topics, including the impact of indirect taxes as well as of corporate income taxes, the sensitivity of financing decisions to tax rates, the effects of taxes on repatriation policies, the demand for, and impact of, tax havens, and the use of indirect ownership as a means of avoiding taxes. The behavior of US multinational firms as revealed by the evidence collected by …
Dialectical Regulation, Territoriality, And Pluralism, Paul Schiff Berman
Dialectical Regulation, Territoriality, And Pluralism, Paul Schiff Berman
GW Law Faculty Publications & Other Works
Scholarly and policy debates about territoriality and nation-state sovereignty are turning to the ways in which such concepts might be changing in an increasingly interconnected world of interlocking governance structures and systems of communication. Robert Ahdieh's provocative and generative essay, Dialectical Regulation, 38 Conn. L. Rev. 863 (2005-2006), attempts a model for understanding this new plural order. He argues that intersystemic regulation is now a significant legal reality, and analyzes the types of interactions we would expect to see among these multiple regulatory authorities. Ahdieh aims to define dialectical regulation, in which regulators exist in some kind of formal structural …
Private Law And State-Making In The Age Of Globalization, Daniela Caruso
Private Law And State-Making In The Age Of Globalization, Daniela Caruso
Faculty Scholarship
The rise of post-national entities, such as the institutions of the European Union and of free-trade regimes, bears no obvious relation to the traditional pillars of western private law (mostly contracts, torts, and property doctrines). The claim of this article is that the global diffusion of private law discourse contributes significantly to the emergence of new centers of authority in the global arena. The article tests the impact of private law arguments in three contexts - the growing legitimacy of regional human rights adjudication, the consolidation of the institutions of the European Union, and the higher binding force of international …
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Articles
My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …
China's Acquisitions Abroad - Global Ambitions, Domestic Effects, Nicholas C. Howson
China's Acquisitions Abroad - Global Ambitions, Domestic Effects, Nicholas C. Howson
Articles
In the past year or so, the world has observed with seeming trepidation what appears to be a new phenomenon-China's "stepping out" into the world economy. The move, labeled the "Going Out Strategy" by Chinese policy makers, sees China acting in the world not just as a trader of commodities and raw materials, or the provider of inexpensively-produced consumer goods for every corner of the globe, but as a driven and sophisticated acquirer of foreign assets and the equity interests in the legal entities that control such assets. The New Yorker magazine, ever topical and appropriately humorous, highlighted this attention …