Administrative Law Commons^™

The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

The Accountability Of Government Networks, Anne-Marie Slaughter

Indiana Journal of Global Legal Studies

No abstract provided.

Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro

Indiana Journal of Global Legal Studies

No abstract provided.

Global Governance, Legal Pluralism And The Decentered State: A Labor Law Critique Of Codes Of Corporate Conduct, Adelle Blackett

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: Globalization, Accountability, And The Future Of Administrative Law Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Does V. Ministry Of Defense, Aharon Barak, Theodor Or, Eliahu Mazza, Itzchak Zamir, Mishael Cheshin, Shlomo Levin, Yaakov Kedmi, Jacob Turkel, Dalia Dorner

Translated Opinions

Facts: The petitioners were citizens of Lebanon, who were brought to Israel between the years 1986-1987 by the security forces, and put on trial for their membership in hostile organizations and for their involvement in attacks against IDF and LDF. The petitioners had been convicted and sentenced to various sentences of imprisonment, which they served. Subsequently, the petitioners were held in administrative detention under section 2 of the Emergency Powers (Detentions) Law 5739-1979. This administrative detention was extended from time to time, for additional six month periods, in accordance with the same section. The question before the court was whether …

Ka’Adan V. Israel Land Administration, Aharon Barak, Theodor Or, Itzchak Zamir, Mishael Cheshin, Yaakov Kedmi

Translated Opinions

Facts: The State of Israel, through the Israel Lands Administration, allocated land in the Eron valley region to the Jewish Agency for Israel.  The Jewish Agency, through a cooperative society, set up the settlement of Katzir on this land. The objectives of the Jewish Agency for Israel include the settlement of Jews throughout the land of Israel. For its part, the cooperative society will only grant membership to Jews. Petitioners, a couple with two daughters, are Arabs. They requested to live in the settlement of Katzir. According to petitioners, their request was immediately denied by reason of their being …

Enjoy The Donut: A Regulatory Response To The White Paper On Preserventing Invasion Of The Great Lakes By Exotic Species, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

Proposals For Reforming The Administrative Procedure Act: Globalization, Democracy And The Furtherance Of A Global Public Interest (Earl A. Snyder Lecture In International Law), Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Legal Consequences Of Globalization: The Status Of Non-Governmental Organizations Under International Law, Karsten Nowrot

Indiana Journal of Global Legal Studies

No abstract provided.

Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya

Indiana Journal of Global Legal Studies

No abstract provided.

A View From The Field: Some Observations On The Effect Of International Commercial Law Reform Efforts On The Rule Of Law, Bruce A. Markell

Indiana Journal of Global Legal Studies

No abstract provided.

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

No abstract provided.

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

No abstract provided.

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Her Majesty The Queen In Right Of Canada V. Edelson, Aharon Barak, Eliahu Mazza, Tova Strasberg-Cohen

Translated Opinions

Facts: Respondents leased a house to the appellant, a foreign sovereign. The house was to serve as the residence of the Canadian ambassador to Israel. The parties disputed the right of the appellant to exercise his option to extend the lease. The magistrate court, in a declaratory judgment, rejected the appellant's claim of absolute immunity, held that the lease had ended, and ordered the appellant to vacate the property. The district court upheld the decision of the magistrate court. Appellant appealed to the Supreme Court.

Held: The Supreme Court held that a foreign sovereign enjoys only relative immunity, and not …

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus

Indiana Journal of Global Legal Studies

Intellectual property rights (IPR) issues in the software, biotechnology, and semiconductor industries exemplify the pressure that new technologies and international competition are placing on domestic and international regulatory systems. Traditional patent and copyright rules cannot easily accommodate any of these technologies. At the same time, the high costs of research and development, relative ease of replication, and global markets characteristic of these technologies heighten the importance of both domestic and foreign IPR protection. In the context of rapidly changing technological conditions, borderless markets, and inflexible international regimes, national policymakers face a political dilemma: how to accommodate new technologies at home, …

Regulatory Cooperation Between The European Commission And U.S. Administrative Agencies, George Bermann

Faculty Scholarship

This Article examines the policies and practices of the European Commission toward various forms of bilateral regulatory cooperation with administrative agencies of the United States. To place this Article's findings in a proper perspective, it is essential to understand both (A) the selection of the European Community (E.C.) as an appropriate overseas regulatory jurisdiction for such cooperation and (B) the reasons for focusing on the European Commission among the various E.C. institutions. Those questions are taken up in this Introduction. Part I describes in some detail the organization and functioning of the Commission. Part II – the core of this …

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman

Indiana Journal of Global Legal Studies

Dean Alfred Aman 's article addresses recent U.S.

administrations' attempts at regulatory reform and notes that as far

as the actual reforms are concerned, there are more similarities

over time than differences. The globalization of politics and

markets and manufacturing, in particular, has helped create global

political economic forces that militate in favor of various forms of

deregulation and privatization not only in the United States, but in

other western democracies as well. Dean Aman focuses on the

United States, noting that globalization has reduced the effectiveness

of local and national regulators, especially since firms are

increasinglyf ree to choose …

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Law And Administrative Discretion, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Sir David Williams originally presented this paper as the

inaugural lecturer for the Ralph F. Fuchs lecture series at the

Indiana University School of Law on April 15, 1993. Professor

Fuchs was a faculty member of the Indiana University School of

Law from 1945 until his death in 1985. He was an important

contributor to the drafting of the Administrative Procedure Act of

1946, president of the Indiana Civil Liberties Union, an active

participant in the National Association for the Advancement of

Colored People, a leader of the American Association of University

Professors, and a fighter for free speech and …

Some Effects Of European Law On English Administrative Law, Yvonne Cripps

Indiana Journal of Global Legal Studies

In this article, Dr. Cripps discusses how European law has

affected English law in recent decades, particularly with regard to

the constitutional supremacy enjoyed by the English legislative

branch. She notes the reception by English judges of concepts of

legitimate expectation and proportionality previously recognized in

some European Community nations. Dr. Cripps predicts that the

English bench will be increasingly willing to take European law

into account in their decisionmaking.

Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff

UIC Law Review

No abstract provided.

Transboundary Air Pollution: The Legal Framework, Mark S. Squillace

Air Quality Protection in the West (November 27-28)

12 pages (includes illustrations).

Contains footnotes.

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …