Law Commons^™

Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers

Indiana Journal of Global Legal Studies

This contribution advances the argument that global self-regulation through corporate social responsibility codes can and should be enforced under domestic private laws. Corporate social responsibility codes are defined as unilateral corporate commitments that indicate a corporation's willingness to take on a global regulatory role in the absence of a global political government-a phenomenon that is difficult to grasp from the perspective of traditional private law categories. The contribution thus starts by discussing the aspects in which private corporate codes and private law categories seem not to fit, and points to recent developments in substantive private law that could change this …

Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum

Articles by Maurer Faculty

Analyzing a conflict of laws requires thinking both about the scope of potentially applicable law and about priority, or choice, among potentially applicable laws. The Restatement (Second) of Conflict of Laws, published in 1971, contains little guidance on how, or in what order, courts are to address these two inquiries. The draft Restatement (Third), in contrast, differentiates clearly the respective roles of the two analytical elements. It characterizes the resolution of a choice-of-law question as a two-step process. First, the scope of the relevant states’ internal laws must be determined, in order to ascertain which states’ laws might be used …

Transnational Legal Ordering And Regulatory Conflict: Lessons From The Regulation Of Cross-Border Derivatives, Hannah L. Buxbaum

Articles by Maurer Faculty

This paper is about the theory and practice of transnational legal ordering. It seeks to gain insight into how transnational legal orders advance by examining one particular problem: the regulation of over-the-counter derivatives. It focuses on events following the global financial crisis, which exposed the deficiencies of the existing regulatory order in identifying and containing the risks created by trading in those securities. In the aftermath of the crisis, the cross-border systemic risk created by OTC derivatives trading was characterized as a problem of global dimension that necessitated a global response. A wide array of actors and institutions, both domestic …

Jurisgenerative Constitutionalism: Procedural Principles For Managing Global Legal Pluralism, Paul Schiff Berman

Indiana Journal of Global Legal Studies

Global Legal Pluralism recognizes the inevitability (and sometimes even the desirability) of multiple legal and quasi-legal systems purporting to regulate the same act or actor. However, the resulting pluralism-just as inevitably-creates conflicts among norms that are potentially intractable. Thus, legal systems must address how best to respond to the realities of pluralism. This inquiry has constitutional dimensions because it goes to the constitutive character of communities and their relationships with other communities, be they international, transnational, national, subnational, or epistemic.

One response to pluralism is jurispathic: "kill off" all competing laws by declaring that one set of norms-and only one-shall …

Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown

Indiana Law Journal

No abstract provided.

Hubbard V. Greeson: Indiana's Misapplication Of The Tort Sections Of The Restatement (Second) Of Conflict Of Laws, David A. Moore

Indiana Law Journal

No abstract provided.

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum

Articles by Maurer Faculty

This article examines how the globalization of economic markets, and attendant changes in international regulatory strategies, challenge the traditional framework of private international law. It examines a variety of developments in the areas of securities, antitrust, and bankruptcy law, analyzing the ways in which they undermine the conception of regulatory power as grounded in the territorial authority of sovereign states. Specifically, the article argues that these changes reflect a shift in conflicts jurisprudence away from the traditional jurisdiction-selecting model and toward a substance-based model, in which a state's economic policy interests can be protected simply through assurance that the substance …

Conflicts Empiricism, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

For A Third Conflicts Restatement- But Stop Trying To Reinvent The Wheel, Alfred Hill

Indiana Law Journal

Symposium: Preparing for the Next Century-A New Restatement of Conflicts?

Every Conflicts Decision Is A Promise Broken, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith

Indiana Journal of Global Legal Studies

No abstract provided.

Choice Of Law And The Forgiving Constitution, Gene R. Shreve

Indiana Law Journal

No abstract provided.

The Odds Against Teaching Conflicts, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Conflicts Law: State Or Federal, Gene R. Shreve

Indiana Law Journal

No abstract provided.

Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler

Indiana Law Journal

No abstract provided.

Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Pluralistic Legislative Jurisdiction: Plaintiff's Choice Under The Klaxon Rule, Richard V. Carpenter

Indiana Law Journal

No abstract provided.

The Testator's Intention As A Factor In Determining The Place Of Probate Of His Estate

Indiana Law Journal

No abstract provided.

Book Review. The Conflict Of Laws: A Comparative Study, Vol. Iii By Ernst Rabel, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.

Book Review. Handbook Of The Conflict Of Laws, 3rd Ed. By Herbert F. Goodrich, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.

Comparative Conflicts Law, Ernst Rabel

Indiana Law Journal

This paper was delivered at a Round Table Meeting of the Association of American Law Schools, December 29, 1948.

Migratory Divorce: Chapters Iii And Iv: The Appearance Of Sherrer And The Ghost Of Haddock, Monrad G. Paulsen

Indiana Law Journal

No abstract provided.

Workmen's Compensation

Indiana Law Journal

Workers Compensation Note

Characterization, Res Judicata And The Lawyers' Clause, C.B. Dutton Jr.

Indiana Law Journal

No abstract provided.

The Supreme Court And The Conflict Of Laws, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Policy Bases Of The Conflict Of Laws: Reflections On Rereading Professor Lorenzen's Essays, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Workman's Compensation Award Held Res Judicata As To Second Recovery In Another State

Indiana Law Journal

Conflict of Laws Note