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Full-Text Articles in Law
Lost Without Translation?: Cross-Referencing And A New Global Community Of Courts, Antje Wiener, Philip Liste
Lost Without Translation?: Cross-Referencing And A New Global Community Of Courts, Antje Wiener, Philip Liste
Indiana Journal of Global Legal Studies
Anne-Marie Slaughter has described the "new world order" as characterized by some "conceptual shifts," including an increasing cooperation of domestic courts across nation-state boundaries. The cross-jurisdictional referencing of legal norms and decisions, as Slaughter holds, would lead into a "global community of courts." This article takes issue with that observation. We argue that for such a community to emerge, cross-referencing would need to be followed by an effective transmission of meaning from one (legal) context to another. Following recent insights in the field of International Relations norm research, however, we can expect such meanings to be contested-in particular, when different …
An Essay On The Emergence Of Constitutional Courts: The Cases Of Mexico And Columbia, Miguel Schor
An Essay On The Emergence Of Constitutional Courts: The Cases Of Mexico And Columbia, Miguel Schor
Indiana Journal of Global Legal Studies
This essay explores the emergence of the Mexican Supreme Court and the Colombian Constitutional Court as powerful political actors. Mexico and Colombia undertook constitutional transformations designed to empower their respective national high courts in the 1990s to facilitate a democratic transition. These constitutional transformations opened up political space for the Mexican Supreme Court and the Colombian Constitutional Court to begin to displace political actors in the tasks of constitutional construction and maintenance.
These two courts play different roles, however, in their respective democratic orders. Mexico chose to empower its Supreme Court to police vertical and horizontal separation of powers whereas …
Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo
Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa
Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Courts And Globalization, Sir David Williams David Q. C.
Courts And Globalization, Sir David Williams David Q. C.
Indiana Journal of Global Legal Studies
Globalization, Courts, and Judicial Power Symposium