Law Commons^™

The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival

Robert Percival

With the global growth of public concern about environmental issues over the last several decades, environmental legal norms have become increasingly internationalized. This development has been reflected both in the surge of international environmental agreements as well as the growth and increased sophistication of national environmental legal systems around the world. The result is the emergence of a set of legal principles and norms regarding the environment, such that one can arguably describe it as a body of law. After exploring the diverse forces that are contributing to the emergence of what we call “global environmental law,” this Article considers …

Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.

Does The Nba Still Have Market Power? Exploring The Implications Of An Increasingly Global Market For Men's Basketball Player Labor, Marc Edelman

Marc L Edelman

In the March 2002 case Fraser v. Major League Soccer, the First Circuit Court of Appeals upheld a jury’s finding that America’s twelve Major League Soccer clubs (“MLS”) compete in an international market for men’s professional soccer labor. The court then held that the MLS clubs do not have enough market power to collude illegally under Section 1 of the Sherman Act. At the time when Fraser was decided, few believed the case would become relevant to America’s other professional sports leagues. Indeed, at that time, most other American sports clubs did not compete with foreign clubs for premier men’s …

Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein

Faculty Publications

No abstract provided.

Best Practices And The State Of Information Security, Kevin Cronin

Chicago-Kent Law Review

The forces of globalization, together with widely available industry standards and best practices, and heightened state legislative activity, are driving the U.S. towards a more unified approach to data security. But the success of this unified approach requires more than free market efficiency and innovation. In order to maintain a state of evolutionary equilibrium in the global information economy, the U.S. must move from a fragmented approach towards data security and privacy standards, towards a more comprehensive set of standards with new penalties and effective enforcement, to better reflect the inherent value of personal data in today's global marketplace.

Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss

Marley S. Weiss

No abstract provided.

The End Of Citizenship?, Jonathan Weinberg

Michigan Law Review

Part I of this Review challenges his view that the value of American citizenship is in decline. Part II critiques his discussion of the lines drawn by citizenship law-who is or can become a citizen-and what those lines mean for the nature of citizenship in the modem age. This Part urges that the lack of fit between our citizenship rules and the goal of organic community is hardly new; it was a feature of our citizenship law long before current globalization trends. Part III discusses the meaning of citizenship, and the basis for citizenship and immigration exclusions, in the context …

The Deportation Of Migrant Workers From Israel: Theory, Policy And The Law, Yossi Dahan

Yossi Dahan

This essay proposes a theoretical framework for understanding the deportation of tens of thousands of migrant workers from Israel between the years 1995 and 2005. To this end, it examines Israeli deportation policy based, inter alia, on an empirical study of hundreds of deportation cases litigated in the courts between 2001 and 2005. This examination demonstrates that the deportation campaign was designed to achieve two parallel goals: to lower labor costs by creating a large class of indentured workers through what has been referred to as the “binding arrangement” (a neo-liberal goal) and to deny the grant of civic status …

The Internationalization Of Law And Legal Education, Jan Klabbers, Mortimer N.S. Sellers

Books

The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo

San Diego International Law Journal

This paper aims to critically examine the status of global administrative law within the already widely acknowledged notion of global constitutionalism. While global constitutionalism describes the processual "constitutionalization" of an increasingly globalized world through the values emerging from cross-border regulatory cooperation, the global regulatory process at the heart of global administrative law appears to take the place of "We the People" as the creative force behind global constitutionalism. Contrary to the domestic/national context, the identitarian relationship between global administrative law and global constitutional law suggests the unity of global legality, whether it be called administrative law or constitutionalism. The paper …

Globalization And Identity Formation: A Postcolonial Analysis Of The International Entrepreneur, Banu Ozkazanc-Pan

Doctoral Dissertations 1896 - February 2014

In the United States, the past twenty years has witnessed a growing academic interest in understanding 'globalization,' i.e., a series of interconnected social, cultural, and political processes occurring under integrated economies. Management scholars have tried to understand globalization in terms of its potential consequences for companies conducting business in various countries and regions. However, globalization involves more than this, for as new relationships between people and places occur, new ideas about who they/ us are in those relationships also emerge. How can international management scholars thus understand these complex relationships occurring under globalization? How can they theorize and study such …

Confronting The Past: Democratic Rhetoric Or Socially Necessary?, Rachel Oster

Human Rights & Human Welfare

In the current globalized international system, politics, economics, and societal issues are the concern of not only the state but of the world as a whole. It is increasingly apparent that participation in the global community requires states to implement, at minimum, conventional democracy within which individual rights are recognized and protected. Yet for much of the developing world, democratic regimes are partially contested given that many states were historically controlled by non-democratic, often militant regimes that offered security to citizens during times of economic crises.

Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen

Michigan Journal of International Law

A core argument of this Essay is that the capability to make borderings has itself switched organizing logics: from institutionalizing the perimeter of a territory to multiplying transversal borderings cutting across that perimeter. This switch is partly linked to the types of scalar shifts in the operational space of a growing number of systems. To the more economic systems already mentioned above, let me add such diverse instances as the policing of the illegal drug trade, the war on terror, the judicial and political struggle to protect human rights, and the environmental effort to reorganize transnational economic sectors, including the …

Foundational Competencies: Innovation In Legal Education, David E. Van Zandt

Faculty Working Papers

Spurred by a rapidly changing legal environment and a desire to differentiate and maximize the success of our graduates, Northwestern Law recently completed a major strategic planning initiative resulting in a revolutionary report entitled Plan 2008: Preparing Great Leaders for the Changing World. Plan 2008 is the most recent installment of a long-term process to enhance our student quality and programs. The new initiatives build upon a strategic plan that we have been refining since its implementation in 1998. Under the prior plan, we introduced the evaluative admissions interview and work-experience policy for applicants.1 We also added a number of …

The Globalization Of Environmental Law, Robert V. Percival

Faculty Scholarship

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public/and domestic/international distinctions. The result has been the emergence of a kind of “global environmental law”-law that is neither …

Our Bandit Future - Cities, Shantytowns, And Climate Change Governance, Colin Crawford

Publications

This Article seeks, to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if we fail to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face, as a Rio de Janeiro taxi driver said to me during the hot, dry, violent winter of 2006 in that city, 13 "urn futuro bandido," literally "a bandit future." That is, we face a future where cities, the places where most of the world's population lives, will experience …

Firms' Global Patent Strategies In An Emerging Technology, Andrea Fernandez-Ribas

Andrea Fernandez-Ribas

Despite international patenting can be a costly and risky investment, an increasing number of firms patent proprietary technologies in foreign countries. This paper explores trends of global patenting in a new domain of technology characterized by rapid globalization. The research setting consists of the population of U.S.-based Large and Small and Mid-Sized firms (SMEs) filing nanotechnology-related patent applications at the World International Patent Office (WIPO) during 1996-2006.

This paper appears in: Science and Innovation Policy, 2009 Atlanta Conference on Publication Date: 2-3 Oct. 2009 On page(s): 1-5 ISBN: 978-1-4244-5041-1 INSPEC Accession Number: 11035266 DOI: 10.1109/ACSIP.2009.5367863 Posted online: 2009-12-28 12:00:57.0

Introduction: Operationalizing Global Governance, Hannah Buxbaum

Indiana Journal of Global Legal Studies

Operationalizing Global Governance, Symposium. Indiana University Maurer School of Law-Bloomington, Indiana, March 19-21, 2008

Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Denver Journal of International Law & Policy

No abstract provided.

Religio-Political Groups And The Israeli-Palestinian Peace Process, Catherine Ruth Orsborn

Electronic Theses and Dissertations

The Israeli-Palestinian conflict is a quagmire of interests working against one another. In this paper, I explore the specific role of religio-political groups in the conflict. I particularly examine the ideological political and religious foundations of Gush Emunim and Hamas, paying much attention to the question of why they are attractive to people in our current era. I argue that these groups are continuously effective in opposing the current quest for a peaceful resolution to the conflict, and that they continue to grow as the result of an identity crisis brought about by factors related to globalization and the failure …

Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss

Maryland Journal of International Law

No abstract provided.

Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli

Scholarly Works

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond …

Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt

Michigan Journal of International Law

Part I of this Essay provides an overview of the rural-to-urban migration phenomenon, a trend the author calls the urban juggernaut. This Part includes a discussion of forces compelling the migration, and it also considers consequences for those who are left behind when their family members and neighbors migrate to cities. Part II explores women's roles in food production in the developing world, and it considers the extent to which international development efforts encourage or entail urbanization. Part III attends to the potential of human rights for this population, analyzing the Convention on the Elimination of All Forms of Discrimination …

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data relating …

Human Rights In Sub-Saharan Africa: Introduction, Jendayi E. Frazer

Human Rights & Human Welfare

Whether one points to the legacy of colonialism, the nature of the post-colonial state, the effects of the Cold War, globalization, and enduring customary cultural practices, the facts presented in this Spring Digest on Human Rights in Sub-Saharan Africa (SSA) point to a significant deficit in human rights protection for sub-Saharan Africa’s people. All of the selections recognize that the demand for greater human rights and the form in which they are expressed will largely come from within Africa to be sustainable. The Digest creates a bridge between universal rights standards and their particular application and expression in Africa.

Top Cop Or Regulatory Flop? The Sec At 75, Jill E. Fisch

All Faculty Scholarship

In their forthcoming article, Redesigning the SEC: Does the Treasury Have a Better Idea?, Professors John C. Coffee, Jr., and Hillary Sale offer compelling reasons to rethink the SEC’s role. This article extends that analysis, evaluating the SEC’s responsibility for the current financial crisis and its potential future role in regulation of the capital markets. In particular, the article identifies critical failures in the SEC’s performance in its core competencies of enforcement, financial transparency, and investor protection. The article argues that these failures are not the result, as suggested by the Treasury Department Blueprint, of a balkanized regulatory system. Rather, …

Patent Law In The Global Economy: A Modest Proposal For U.S. Patent Law And Infringement Without Borders, Dariush Keyhani

Villanova Law Review

No abstract provided.

How Globalization Affects Tax Design, James R. Hines Jr., Lawrence H. Summers

Articles

The economic changes associated with globalization tighten financial pressures on governments of high-income countries by increasing the demand for government spending while making it more costly to raise tax revenue. Greater international mobility of economic activity, and associated responsiveness of the tax base to tax rates, increases the economic distortions created by taxation. Countries with small open economies have relatively mobile tax bases; as a result, they rely much less heavily on corporate and personal income taxes than do other countries. The evidence indicates that a ten percent smaller population in 1999 is associated with a one percent smaller ratio …

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

Articles & Chapters

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to …

The New Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Scholars studying interactions among multiple communities have often used the term legal pluralism to describe the inevitable intermingling of normative systems that results from these interactions. In recent years, a new application of pluralist insights has emerged in the international and transnational realm. This review aims to survey and help define this emerging field of global legal pluralism. I begin by briefly describing sites for pluralism research, both old and new. Then I discuss how pluralism has come to be seen as an attractive analytical framework for those interested in studying law on the world stage. Finally, I identify advantages …