Comparative and Foreign Law Commons^™

Comparative Law: Problems And Prospects, Elisabeth Zoller, George A. Bermann, Patrick Glenn, Kim Lane Scheppele, Amr Shalakany, David V, Snyder

Articles by Maurer Faculty

This is an edited transcript of the closing plenary session of the XVIIIth International Congress of Comparative Law. The session took place on Saturday, July 31, 2010, in Washington, D.C., at the conclusion of the week-long congress, which is held quadrennially by the International Academy of Comparative Law (Acadimie Internationale de Droit Compare). The remarks were given in a mix of French and English, but for ease of reading the transcript is almost entirely in English.

Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands

Indiana Law Journal

Addison C. Harris Lecture

A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Interrogation And Silence: A Comparative Study, Craig M. Bradley

Articles by Maurer Faculty

This article examines interrogation practices in detail in three systems: the American, the English (and Welsh), and the Canadian while also discussing rules from various other countries. It considers when the Miranda-type warnings (required in all three systems) must be given and when suspects will be deemed to have waived their rights. This article further discusses how reliability and voluntariness of confession is assured. Finally, a particular emphasis is placed on the issue of when a suspect's silence during interrogation may be used against him in court. The article concludes that American courts have not done enough to ensure reliability …

A Constitution Without Constitutionalism: Reflections On Iraq's Failed Constitutional Process, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Comity And Foreign Parallel Proceedings: A Reply To Black And Swan. Lloyd’S Underwriters V. Cominco Ltd., Austen L. Parrish

Articles by Maurer Faculty

Lloyd's Underwriters v. Cominco Ltd., is a potentially seminal case, currently pending before the Supreme Court of Canada. The case involves the issue of whether Canadian courts should stay litigation in the face of duplicative foreign proceedings. This reply responds to Vaughan Black's and John Swan's comment on the Lloyd's case, which was published in volume 46 of the Canadian Business Law Journal.

The reply argues that although Black and Swan have important insights into judgment enforcement when competing, inconsistent decisions exist, their analysis too readily skips over the first-to-file rule and underestimates the costs of reactive litigation. Canadian courts …

Constitutionalism Before Constitutions: Burma's Struggle To Build A New Order, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David Fidler

Articles by Maurer Faculty

No abstract provided.

Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

Skating Toward Deregulation: Canadian Developments, Timothy J. Brennan

Federal Communications Law Journal

Canada had recently undertaken significant steps to forbear from regulating the last regulated offering in the telecommunications sector, local exchange service. Tests that Canada's telecommunications regulatory agency had imposed were overturned by order from the Canadian Cabinet Ministers. Notably, competitors to the incumbent local exchange carriers ("ILECs"), primary cable systems offering voice over Internet protocol ("VoW"') service, argued for the retention of regulation to prevent the ILECs from cutting price to customers who had switched to cable VoIP or were most likely to do so. We review here both the institutional developments leading to the forbearance decision and a number …

Kosovo: The Day After, Timothy William Waters

Articles by Maurer Faculty

No abstract provided.

The Foreign Corrupt Practices Act, Opic, And The Retreat From Transparency, Blake Puckett

Indiana Journal of Global Legal Studies

This article argues that the current intersection of the Foreign Corrupt Practices Act (FCPA) and the Overseas Private Investment Corporation (OPIC) is turning U.S. investment and aid policy in a direction that neither addresses corruption concerns, nor augments other U.S. foreign policy goals in the Caucasus and Central Asia, and perhaps more globally. The current regulatory system has caused OPIC to structure its investment projects in alternative forms that bypass anti-corruption regulations.W hile these alternatives serve to increase capital in developing economies, the distance they create between OPIC and the end-user fosters a lack of transparency and ultimately corruption. However, …

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.

Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Reach Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay

Articles by Maurer Faculty

To say that Professor Marc Galanter's scholarship is diverse would be a woeful understatement. In his over forty years of writing, Galanter's work has covered topics including (but not limited to) torts, contracts, constitutional law, comparative law, empirical legal studies, the legal profession, legal anthropology, and South Asian studies. With Galanter's scholarship so heavily cited and respected, we see it as only fitting, particularly upon his recently turning seventy-five, to acknowledge his achievements in a symposium that reflects back on the years of his work. Serving as special editors to an issue forthcoming in the Duke Law School journal, Law …

International Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu

Articles by Maurer Faculty

No abstract provided.

Public Law As The Law Of The Res Publica, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho

Federal Communications Law Journal

With the changing racial and linguistic composition of the American market and the emerging strength of the Mexican market, American broadcast companies are facing a new competitive playing field.. Section 310 of the Communications Act of 1934 ("Act") establishes the guidelines for when a foreign national is eligible to apply for a broadcast license from the FCC. The FCC currently interprets these limits on foreign ownership very leniently, favoring a policy of deregulation in an attempt to further open up the United States market. This Note argues that once foreign nationals have cleared the hurdle of § 310's foreign ownership …

Conflict, Terrorism And The Media In Asia, Rebekah L. Bina

Federal Communications Law Journal

Book Review: Conflict, Terrorism and the Media in Asia (Benjamin Cole ed., RoutledgeCurzon 2006) [hereinafter Cole].

The fourth and latest release in a series of publications on the impact of media and changes in societal culture in Asia, this book provides a study of the subnational conflicts across Asia and the global "War on Terror." The authors examine the condition of free press, access to media, and diversity in news reporting to explore how media is used as a tool to facilitate ideological coalition, shelter populations, and maintain political stability.

Rebuilding A Nation: Myths, Realities, And Solutions In Iraq, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish

Articles by Maurer Faculty

In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …

Outsourcing And The Globalizing Legal Profession, Jayanth K. Krishnan

Articles by Maurer Faculty

The issue of outsourcing jobs abroad stirs great emotion among Americans. Economic free-traders fiercely defend outsourcing as a positive for the U.S. economy while critics contend that corporate desire for low wages solely drives this practice. In this study I focus on a specific type of outsourcing, one which has received scant scholarly attention to date - legal outsourcing. Indeed because the work is often paralegal in nature, many see the outsourcing of legal jobs overseas as no different from other types of outsourcing. But by using as my case studies both the United States and India, the latter which …

Scholarly Discourse, Public Perceptions, And The Cementing Of Norms: The Case Of The Indian Supreme Court And A Plea For Research, Jayanth K. Krishnan

Articles by Maurer Faculty

For economic and nuclear reasons, India has received considerable attention over the last decade from observers in the United States. But attuned Americans are well-aware of India's rich culture and status as a shining constitutional democracy for most of its post-1947 independent history. For all that India has accomplished, however, its public has long viewed its government officials with great disdain. At the same time, a fascinating norm exists in this society which holds one institution in exceedingly high regard - the Indian Supreme Court.

In this article, I seek to examine what accounts for this counter-intuitive norm. As opposed …

Analyzing The Friedman Thesis Through A Legal Lens: Book Review Essay Assessing Thomas L. Friedman's The World Is Flat, Jayanth K. Krishnan

Articles by Maurer Faculty

In his best-selling book, The World Is Flat, Thomas Friedman assesses how globalization has affected the political, economic, and social landscapes of both the developed and developing world. For Friedman, globalization is emboldening people in countries, like in India, to make societal and governmental demands that are similar to those made by Americans in the United States.

This Essay seeks to add a new layer to the debate over Friedman’s flattening-world thesis. Focusing on India, in particular, I shall argue that as the trajectory of India’s economic development appears on the rise, the sad reality is that …

Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle

Indiana Journal of Global Legal Studies

In this article, I describe and analyze three principles of First Amendment doctrine. First, the Establishment Clause generally forbids governmental expression that has the purpose or effect of promoting or endorsing religion. Second, and conversely, private religious expression is broadly defined and is strongly protected by the Free Speech Clause. Third, as an implicit exception to the first principle, the government itself is sometimes permitted to engage in expression that seemingly does promote and endorse religion, but only when the expression is noncoercive, nonsectarian, and embedded within (or at least in harmony with) longstanding historical tradition. Comparing these three principles …

Laïcité In The United States Or The Separation Of Church And State In Pluralist Society, Elisabeth Zoller

Indiana Journal of Global Legal Studies

No abstract provided.

Opening Our Classrooms Effectively To Foreign Graduate Students, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

The Continuing Role Of State Policy, Jeffrey A. Hart

Federal Communications Law Journal

A review of Hernan Galperin's New Television, Old Politics: The Transition to Digital TV in the United States and Britain, Cambridge University Press, 2004. Based on comparative case studies in Britain and the United States, this book analyzes the transition to digital television in both countries, considers governmental regulatory strategies, and focuses on the impact of various factors, including political influence and market and technological changes.

The Use And Misuse Of Comparative Constitutional Law (The George P. Smith Lecture In International Law), Cheryl Saunders

Indiana Journal of Global Legal Studies

This article examines the extent and nature of the use of foreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety of purposes, the article reaches two broad conclusions: (1) as a generalization, other common law countries do not share the concern about the legitimacy of comparative precedents that manifests itself in the United States, and (2) as a consequence, other common law countries necessarily share with the United States an interest in …

Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun

Articles by Maurer Faculty

In this Essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the United States. In particular, we focus on three European countries-the United Kingdom, Germany, and France. We argue that differences in culture, the legal system, and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt more communitarian …

Taking Legal Pluralism Seriously: The Alien Tort Claims Act And The Role Of International Law Before U.S. Federal Courts, Luisa Antoniolli

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.