Law Commons^™

The Future Of Public Interest Law, Scott L. Cummings

University of Arkansas at Little Rock Law Review

No abstract provided.

Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck

University of Arkansas at Little Rock Law Review

No abstract provided.

Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.

A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession, Chanley Painter

University of Arkansas at Little Rock Law Review

No abstract provided.

Disability Law - Americans With Disabilities Act Of 1990 - Title Ii And Title Iii And The Expansion Of Captioning For The Deaf: From Televisions And Movie Theaters To Stadiums And Arenas, Daniel Haney

University of Arkansas at Little Rock Law Review

No abstract provided.

Public Interest Law: Facing The Problems Of Maturity, Louise G. Trubek

University of Arkansas at Little Rock Law Review

No abstract provided.

A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor, Joanne Martin, Stephen Daniels

University of Arkansas at Little Rock Law Review

No abstract provided.

E-Verify: Chamber Of Commerce V. Whiting

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 22, 2011 at the American University Washington College of Law. The podcast of the event can be found on the AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM’S website at http://aulaborlawforum.org/events/e-verify/. The event was co-sponsored by the Immigrants’ Rights Coalition.

Strength In Numbers: The Question Of Decertification Of Sports Unions In 2011 And The Benefit Of Administrative Oversight, Alexander M. Bard

Labor & Employment Law Forum

No abstract provided.

The Coevolution Of Transnational Corporations And Institutions, Sarianna M. Lundan

Indiana Journal of Global Legal Studies

While economic theories of the firm have traditionally focused on the ownership of assets, the increasing use of contractual partnerships is beginning to challenge our conception of the firm by emphasizing its coordinating role. In structuring their contracts, as well as in managing the relationships governed by the contracts, firms try to mitigate uncertainties that could destroy the value-adding potential of such transactions. These uncertainties may be specific to the transaction partner, but they might also arise from the institutional context of the contracting parties, particularly in the case of transactions that cross borders. The coevolutionary process whereby firms both …

The Changing Face Of Transnational Business Governance: Private Corporate Law Liability And Accountability Of Transnational Groups In A Post-Financial Crisis World, Peter Muchlinski

Indiana Journal of Global Legal Studies

This article seeks to critically assess the recently dominant financialized model of corporate law and governance and its contribution to the creation of the "asocial corporation" geared only to the enhancement of shareholder value. This article places corporate law in a wider context of national and international legal developments that, together, create a framework for the financialization of transnational corporate activity. This article shows that a new approach to transnational corporate governance is emerging from a number of sources. These predate the crisis but have been given impetus by it. In particular, three important phenomena are examined: the rise of …

Introduction: Transnational Corporations Revisited, Gralf-Peter Calliess

Indiana Journal of Global Legal Studies

Articles first presented at a symposium in the context of the biannual conference of the German Law & Society Association (Vereinigung fur Recht und Gesellschaft e. V) on "Transnationalism in Law, the State, and Society." This conference was organized together with the Collaborative Research Center (CRC) 597 "Transformations of the State" at the University of Bremen from March 3-5, 2010. The Collaborative Research Center 597 'Transformations of the State," U. BREMEN, www.staat.uni-bremen.de

Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board, And The Global Governance Order, Larry Cata Backer

Indiana Journal of Global Legal Studies

Transnational corporations are at the center of extraordinary and complex governance systems that are developing outside the state and international public organizations and beyond the conventionally legitimating framework of the forms of domestic or international hard law. Though these systems are sometimes recognized as autonomous and authoritative among its members, they are neither isolated from each other nor from the states with which they come into contact. Together these systems may begin to suggest a new template for networked governance beyond the state, but one in which public and private actors are integrated stakeholders. This provides the source of the …

Self-Constitutionalizing Tncs? On The Linkage Of "Private" And "Public" Corporate Codes Of Conduct, Gunther Teubner

Indiana Journal of Global Legal Studies

What is special about the intertwining of private and public corporate codes? It is not only tendencies of juridification but also of constitutionalization that materialize in this interplay. Both types of corporate codes taken together represent the beginnings of specific transnational corporate constitutions conceived as constitutions in the strict sense. This point is based on a concept of constitutionalization that is not limited to the nation-state and implies that also nonstate societal orders develop autonomous constitutions under particular historical circumstances. The following arguments highlight how corporate codes feature functions, structures, and institutions of genuine constitutions:

1. To the extent that …

Transnational Corporations, Global Competition Policy, And The Shortcomings Of Private International Law, Gralf-Peter Calliess, Jens Mertens

Indiana Journal of Global Legal Studies

In this article we criticize the so-called more economic approach to European competition law for disregarding the importance of a functional system of private law. Based on the availability of market governance as an alternative mode for organizing transactions, it is presumed that vertical integration, which is the central organizational structure of transnational corporations, is economically efficient. Since the enforcement of cross-border contracts by state-organized systems of private law, however, is insufficient, "make-or-buy" decisions in international commerce are prejudiced against arms' length transactions in markets. Consequently, international transactions are integrated vertically into firms' structures to a higher degree than comparable …

Obstacles To Accessing The State Justice System In Rural Afghanistan, Kara Jensen

Indiana Journal of Global Legal Studies

The United States' mission in Afghanistan is to create a stable, democratic country that will no longer serve as a stronghold for terrorist organizations. Since the U.S. takeover in 2001, most rule-of-law promotion has focused on urban centers, allowing the Taliban to gain traction in rural areas by creating its own alternative justice system. This Note discusses the primary obstacles preventing citizens in rural Afghanistan from accessing the state justice system and suggests solutions to those obstacles.

Money Can't Buy You Law: The Effects Of Foreign Aid On The Rule Of Law In Developing Countries, Katherine Erbeznik

Indiana Journal of Global Legal Studies

The rule of law is often touted as a panacea for the problems faced by the developing world. As a result, billions of dollars in foreign aid have been spent trying to promote the rule of law in developing countries. However, in many cases, little observable progress has been made. This Note explores some of the reasons rule of law reform efforts have stalled. One reason is that reform has focused solely on formal rule of law institutions, rather than on the informal political or cultural norms that are needed to support such institutions. Little is known, however, about how …

A Review Of Constitutional Theocracy, By Ran Hirschl, Sadia Saeed

Indiana Journal of Global Legal Studies

No abstract provided.

Renewable Energy Integration Costs: Who Pays And How Much?, Paul Vercruyssen

Washington Journal of Environmental Law & Policy

Over the past decade major public policy concerns over the environment, national security, the economy, and climate change have converged, creating significant pressure to reform America’s energy system. The result has been a tremendous increase in the use of renewable energy sources with growth only expected to accelerate. This new development represents a radical shift for a nation whose electricity system was built to run on fossil fuels and hydroelectric dams. The electricity grid is a complex interconnected system requiring constant balancing of supply and demand. Using new intermittent technologies like solar and wind requires changes in grid management to …

Judicial Review Of Public Utility Commissions, Jonathan Armiger

Indiana Law Journal

No abstract provided.

Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer

Indiana Law Journal

2010 Harris Lecture, delivered April 5, 2010, Indiana University, Maurer School of Law, Bloomington, Indiana

Patents, Presumptions, And Public Notice, Timothy R. Holbrook

Indiana Law Journal

Patents are peculiar legal instruments in that they contain both technical and legal information. This Janus-like nature of the documents is important because they serve the legal purpose of affording the owner the right to exclude others from practicing the invention, and third parties need to be able to assess the scope of that right. At the same time, through the patent’s disclosure, the document is intended to contribute to the storehouse of technical knowledge. Superficially, patents are generally viewed through the eyes of the hypothetical person having ordinary skill in the art (PHOSITA), patent law’s “reasonable person.” Unfortunately, the …

Not The Crime But The Cover-Up: A Deterrence-Based Rationale For The Premeditation-Deliberation Formula, Michael J. Zydney Mannheimer

Indiana Law Journal

Beginning with Pennsylvania in 1794, most American jurisdictions have, at one time or another, separated the crime of murder into two degrees based on the presence or absence of premeditation and deliberation. An intentional, premeditated, and deliberate murder is murder of the first degree, while second-degree murder is committed intentionally but without premeditation or deliberation. The distinction was created in order to limit the use of the death penalty, which generally has been imposed only for first-degree murder.

Critics have attacked the premeditation-deliberation formula on two fronts. First, they have charged that the formula is imprecise as a measure of …

The Pluralism Of International Criminal Law, Alexander K. A. Greenwalt

Indiana Law Journal

This Article develops a pluralistic account of substantive international criminal law (ICL). Challenging the dominant assumption among theorists and practitioners, it argues that the search for consistency and uniformity in ICL is misguided, that the law applicable to international crimes should not be the same in all cases, and that those guilty of like crimes should not always receive like sentences. In lieu of a one-size-fits-all criminal law, this Article proposes a four-tiered model of ICL that takes seriously the national laws of the state or states that, under normal circumstances, would be expected to assert jurisdiction over a case. …

Constitutional Identity And Change, Heinz Klug

Tulsa Law Review

No abstract provided.

Power To The People Or To The Professionals: The Politics Of Mature Regulatory Regimes, R. Shep Melnick

Tulsa Law Review

No abstract provided.

Private Power And Public Policy: Rights Enforcement In The Modern Litigation State, Sarah Staszak

Tulsa Law Review

No abstract provided.

Should Judges Covertly Disobey The Law To Prevent Injustice, Jeffrey Goldsworthy

Tulsa Law Review

No abstract provided.

Eurolegalism And The Case Of The Missing Agents: Should We Call Off The Search, Rhonda Evans Case

Tulsa Law Review

No abstract provided.

Statues, Courts, And Democracy In America, Paul Frymer

Tulsa Law Review

No abstract provided.