Civil Law Commons^™

From Agitation To Institutionalization: The Student Anti-Sweatshop Movement In The New Millennium, Purnima Bose

Indiana Journal of Global Legal Studies

This article provides an overview of the student anti-sweatshop movement and argues that the movement has been somewhat successful at changing policies. The primary objectives are twofold: first, to supplement existing literature on the anti-sweatshop movement by offering an account of its emergence and evolution at Indiana University-Bloomington; and second, to describe the Designated Suppliers Program (DSP), a United Students Against Sweatshops (USAS) initiative that proactively seeks to improve conditions for workers producing university-licensed apparel.

Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.

The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa

Indiana Journal of Global Legal Studies

While the traditional doctrinal formulation of customary international law (CIL) has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of individuals are increasingly becoming relevant to this process. It is thus useful to analyze individual participation based on the model of participatory democracy, and also in contrast to representative democracy. By doing so, the nuanced relationship between participatory law formation and democratic participation in lawmaking is brought into relief.I n light of larger modern trends within international law, the participation of individuals in law formation requires further examination …

Customary Transnational Law: Attacking The Last Resort Of State Sovereignty, Till Müller

Indiana Journal of Global Legal Studies

In the Westphalian State, Customary International Law (CIL) has traditionally been informed by high-level state action among close neighbors. However, it is no longer a foregone conclusion that CIL is resistant to the influences of greater globalization and transnational government and non-governmental action. As the interaction among and between national governments and non-governmental organizations increases in frequency, breadth, and physical distance, we are asked to reconsider the formation of modern CIL. Ultimately, the ever increasing importance of transnational cooperation, both in traditional governance and non-governmental action, necessarily informs modern CIL. The resultant body of law may appropriately be described as …

Securing The Global City: Crime, Consulting, Risk, And Ratings In The Production Of Urban Space, Katharyne Mitchell, Katherine Beckett

Indiana Journal of Global Legal Studies

The last decade has witnessed the rise of private transnational institutions that increasingly influence the organization and management of urban space. Two institutions are especially powerful in this regard: bond-rating agencies and global security firms. Bolstered by a discourse of risk and the need to securitize cities, these institutions have garnered enormous amounts of power with respect to urban social and spatial control. They are implicated in the imprisonment and displacement of marginalized populations, the intensification of gentrification, and general shifts in municipal funding priorities. The authors illustrate these themes through a case study of New York City, followed by …

Rethinking Ngos: The Economy Of Survival And Global Governance, Marc Abélès

Indiana Journal of Global Legal Studies

This article explores the concept of "global politics," an evolving set of systems that undermine our traditional view of government. These underlying systems, including Non-Governmental Organizations (NGOs), exert great influence on the power and actions of nation-states. Thus, while current global politics are largely dependent on the actions and strategies of nation-states, nation-states are not the only actors at work. The article argues for a view of global politics that takes these other systems, particularly NGOs, into account.

Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.

A Theory Of Open-Source Anarchy, David Fidler

Indiana Journal of Global Legal Studies

The rise of the importance of non-State actors in global politics challenges existing theories of international relations, and this article presents a new approach to the non- State actor phenomenon by developing a "theory of open-source anarchy." The article reviews the anarchy problem in the study of international relations and how leading theories explain this problem. This analysis questions whether these leading theories can explain the nature of non-State actor participation in contemporary global affairs. The article then develops a theoretical framework that addresses the non-State actor challenge. The framework argues that the nature of anarchy has shifted from a …

Privatization And Public Law Values: A View From France, Manuel Tirard

Indiana Journal of Global Legal Studies

This article uses a comparative approach to explore privatization and its consequences on public law values. It discusses the French model for protecting these values, which limits the scope of privatization and applies a legal regime within which public law norms play an active role. While it does not suggest that this model can or should be applied in the United States, it does express that the French experience can enrich American debates on the subject.

Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.

Global Panopticism: States, Corporations, And The Governance Effects Of Monitoring Regimes, Larry Catá Backer

Indiana Journal of Global Legal Studies

Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive regulation or judicial decision, the techniques for enforcing regulation are substituting for regulation itself. This paper examines surveillance as a mechanism through which power is asserted and regulation effected in a world of shared public/private governance. For this purpose, understanding the nature of surveillance as a technique of governance, and as a substitute for governance itself, is a key element for understanding political …

Reconstructing Contemporary Democracy, Jan Aart Scholte

Indiana Journal of Global Legal Studies

Democratic practice varies historically, and transformations of the societal context require accompanying reconstructions of democracy if "rule by the people" is to remain meaningful. Contemporary society is witnessing particularly profound changes in underlying structures of space, governance, and identity. Fundamental reconsideration of democracy is therefore also needed. This article first develops a generic understanding of democracy; next elaborates on currently unfolding transformations of geography, regime, and community; and then develops a five-faceted reconstruction of democracy to meet these changed circumstances. This prescription entails: (1) reconceptualizing democracy, shifting away from obsolete assumptions of territorialists pace, statist regulation, and nationalist identity; (2) …

Board Dysfunction: Dealing With The Threat Of Corporate Criminal Liability, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Hedonic Adaptation And The Settlement Of Civil Lawsuits., John Bronsteen

Faculty Publications & Other Works

No abstract provided.

A Study Of Counselor's Legal Challenges And Their Perceptions Of Their Ability To Respond, Mary A. Hermann, Debra Gail Legget, Theodore P. Remley Jr.

Counseling & Human Services Faculty Publications

The authors explore the results of a study that assessed the types and frequency of legal issues encountered by counselors and counselors’ perceptions of their ability to respond to these issues. They also assessed whether the participants’ perceptions were related to practice setting, years of experience, completion of a course in ethics, recent completion of continuing education in ethics or legal issues, state licensure status, certification by the National Board of Certified Counselors (NBCC), and highest degree earned. Results demonstrate that counselors feel most prepared to deal with situations encountered most often, but that school counselors do not feel as …

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Avant-Propos , Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

The Distinction Between Persons & Things: An Historical Perspective, J.-R. Trahan

Journal of Civil Law Studies

No abstract provided.

Is The Name Property? Comparing The English And The French Evolution , Audrey Guinchard

Journal of Civil Law Studies

No abstract provided.

Analyzing Property In Different Societies , Jacques Vanderlinden

Journal of Civil Law Studies

No abstract provided.

Human Embryo, Animal Embryo, Chimerical Embryo: What Legal Status In French Law? , Laurence Brunet, Sonia Desmoulin

Journal of Civil Law Studies

No abstract provided.

The Valladolid Controversy Revisited: Looking Back At The Sixteenth-Century Debate On Native Americans While Facing The Current Status Of Human Embryos , Agustín Parise

Journal of Civil Law Studies

No abstract provided.

The Protection Of Genetic Identity, Laura Maria Franciosi, Attilio Guarneri

Journal of Civil Law Studies

No abstract provided.

Rethinking Civil-Law Taxonomy: Persons, Things, And The Problem Of Domat’S Monster, Eric H. Reiter

Journal of Civil Law Studies

No abstract provided.

Robert Anthony Pascal: Writings About Law, 1937-2008

Journal of Civil Law Studies

No abstract provided.

Complete V.1

Journal of Civil Law Studies

No abstract provided.

No.5 - January 2008, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

No Bonds But Those Freely Chosen: An Obituary For The Principle Of Forced Heirship In American Law, Vincent D. Rougeau

Journal Articles

This article explains the history of forced heirship in Louisiana and describes the negative implications of its demise. Section IV outlines how the end of forced heirship reveals the changing values of Louisiana culture and views on the family.

Combating Terrorism: Will Civil Penalties Help Win The War On Terror? , Matthew T. Glavin

Public Interest Law Reporter

No abstract provided.

Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr.

NYLS Law Review

No abstract provided.

Why Pedestrian-Friendly Street Design Is Not Negligent, Michael Lewyn

Scholarly Works

In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials' Green Book, has generally favored the construction of such high-speed streets, and transportation planners fear that if they fail to follow the Green Book's recommendations, they …

Another Ny Civil Union Recognition Loss, Arthur S. Leonard

Other Publications

No abstract provided.

A Gift Worth Dying For?: Debating The Volitional Nature Of Suicide In The Law Of Personal Property, Adam J. Macleod

Faculty Articles

Suicide poses difficult and foundational problems for the law. Those who most highly value personal autonomy, those who believe in the inviolability of human life, and those who remain uncommitted on end-of-life issues, all must settle challenging questions about suicide before advancing upon the more complex terrain of physician-assisted suicide, euthanasia, and infanticide. And the way in which a society fashions legal responses to suicidal choices reveals much about the society's cultural commitments and legal assumptions.

The bodies of insurance law, tort, and health care law are also among those areas of the law in which lawmakers reserve special exceptions …