Comparative and Foreign Law Commons^™

Penises, Nipples, And Bums, Oh My!: An Examination Of How Freedom Of Expression Applies To Public Nudity, Clara Gutwein

Indiana Journal of Global Legal Studies

How do you solve a problem like the nipple? A woman's nipples are both erotic and utilitarian, obscene and maternal. She must never show them in public. She must show them to feed her child. Nipples are for men. Nipples are for babies. Nipples, it seems, are for everyone except a woman herself. The law, too, has something to say about nipples. It is completely constitutional for the government to prevent women from publicly showing their nipples in order to protect morality and public order. Thus, the law assumes an inversely proportional relationship between the number of publicly exposed nipples …

Cross-Border Mergers: Is India Ready? Lessons From The Us And Eu, Varghese G. Thekkel

Indiana Journal of Global Legal Studies

Indian corporate law now permits both inbound and outbound crossborder mergers. Since India broadly follows the incorporation theory, it is now possible that the country could be part of a market for incorporation/reincorporation consisting of countries following similar corporate laws. But India, like most other big countries, does not have the right incentives to develop itself as a serious player in such a market. Overall, with the current set of incentives and laws, India is unlikely to emerge as a reincorporation destination.

While permitting cross-border mergers, the Indian law envisages that merger schemes may provide for issuing depository receipts to …

"I Wish There Was A Treaty We Could Sign": An Inquiry Into The Making Of The Global Pact For The Environment, Marie-Catherine Petersmann

Indiana Journal of Global Legal Studies

This article provides ethnographic insights into the making of the latest UN-backed instrument for transnational environmental law and governance: the Global Pact for the Environment (GPE). It narrates the rise and fall of a contemporary policy project designed to unify and strengthen international environmental law. The story starts in 2015 on the premises of a Parisian legal think tank and ends in May 2019 at the headquarters of the United Nations Environment Programme in Nairobi, where states ultimately decided not to adopt the GPE as a legally binding instrument but opted to prepare apolitical declaration to be presented in 2022 …

Us-China Transnational Law In A Time Of Trade Crisis, Carrie Shang

Indiana Journal of Global Legal Studies

Growing transnational business activities have resulted in more rapid transnationalization of American laws. In an era of deglobalization, the way the Trump administration moved away from multilateralism has both gravely impacted international law ordering and triggered responsive (or adaptive) law-making in some of the United States' major trade partners, in particular, China. The recently concluded US-China Trade War has driven up the speed of transnational norm-making and hastened incorporation of American legal principles into Chinese domestic laws. As diplomatic tension between the United States and China intensify, Chinese companies are increasingly becoming targets of sanctions and regulatory enforcement actions led …

The Myanmar Shwe: Empowering Law Students, Teachers, And The Community Through Clinical Education And The Rule Of Law, Stephen Rosembaum, Britane Hubbard, Kaylee Sharp-Bauer, David Tushaus

Indiana Journal of Global Legal Studies

Myanmar's attorneys, judges, law officers, and law teachers are slowly emerging from the isolated world they inhabited during decades of military authoritarianism. Almost a decade ago, the country triumphantly burst into an era of "disciplined" democracy under the leadership of Aung San Suu Kyi, de facto head of state. Yet, the legal education system continues to be marked by hierarchical and bureaucratic practices, infrastructural and pedagogical neglect, and low confidence in the formal justice sector. The authors-two American law professors and practitioners and two students-discuss the direction of legal education in Southeast Asia and how clinical legal education (CLE) methodologies …

Calling The Shots: Balancing Parental And Child Rights In The Age Of Anti-Vax, Mahrukh Badar

Indiana Journal of Global Legal Studies

Vaccinations have become a contentious issue in recent times. Although there has always been opposition to vaccines, the internet has made it possible for pseudoscience and false information to spread like never before. This has led to alarming declines in vaccine confidence and adherence rates globally. High-income countries have seen the sharpest drop in vaccine confidence rates. Factors such as the complacency effect and religious objections likely explain this decline. Most countries have attempted to raise vaccine confidence levels by enacting laws that make vaccinations for children compulsory, with strict penalties for parents who refuse to comply. In addition to …

I Just Took A Dna Test—Turns Out, I'M 100% Breaching My Donor Anonymity Contract: Direct-To-Consumer Dna Testing And Parental Medical-Decision-Making, Morgan C. York

Indiana Journal of Global Legal Studies

Part I of this note provides a brief history of assisted reproductive technology and its increased use throughout the world, illustrating the growing number of donor-conceived children and the related importance of knowing genetic information. Part I also surveys regulations concerning donor anonymity in the United States and the United Kingdom to illustrate different jurisdictions' approaches to the regulation of donor anonymity. This note uses the United Kingdom as a model of countries that have prohibited sperm donor anonymity. Part II of this note discusses direct-to-consumer DNA testing, specifically 23andMe's products. This note selects 23andMe as the direct-to-consumer company for …

Memorial For Jost Delbrück, Kerstin Von Der Decken

Indiana Journal of Global Legal Studies

On November 6, 2020, Jost Delbruck--the renowned scholar, author, and teacher of public international law who spent almost his whole academic life commuting between the Law School of Kiel University in Germany and Indiana University Maurer School of Law--passed away, only a few days after his 85th birthday. Hundreds of friends, colleagues, pupils, and former students on both sides of the Atlantic mourn for an extraordinary, brilliant, and inspiring person. His close ties to Kiel and Bloomington alike influenced the intellectual life of both Law Schools. The impact of his work remains visible to this day.

Zero Sympathy: Unaccompanied Minors' Rights In The Us Immigration System, Mahrukh Ali

Indiana Journal of Global Legal Studies

This note analyzes the US Government's approach to unaccompanied minors and the webs they must navigate when they are apprehended by the US immigration system. More importantly, this note calls for reformative approaches to children's rights through acknowledging the differences between adults and children while simultaneously taking their vulnerability and autonomy into account. After explaining the migrant crisis along with its implications and examining the underlying reasons fostering this movement, this note discusses the legal options available for unaccompanied minors. It draws on the shortcomings of the immigration system as the system labels unaccompanied minors as dependent children, but also …

How The World's Largest Economies Regulate Data Privacy: Drawbacks, Benefits, & Proposed Solutions, Alexander J. Pantos

Indiana Journal of Global Legal Studies

National data privacy regimes are quickly gaining traction and ubiquity around the globe. Moving forward, countries will face a range of difficult decisions surrounding how best to engage internationally in cross border data flow, particularly in the context of personal information (PI).

This article takes a bird's-eye view of the current state of data privacy regimes in the world's four highest GDP regions. In part, this article hopes to provide a succinct analysis of these data privacy regimes, with a focus on the balance they strike between granting individuals rights in their data and placing responsibilities on businesses that deal …

Torn Between Institutionalisation & Judicialisation: The Demise Of The Eu-Us Privacy Shield, Elaine Fahey, Fabien Terpan

Indiana Journal of Global Legal Studies

In July 2016, the EU-US (European Union-United States) Privacy Shield came into force, replacing the EU-US Safe Harbour, to address the concerns around data collection and privacy that arose in the case of Schrems v. European Data Commissioner (C-362/14). The Court of Justice of the European Union (CJEU) in its ruling known as Schrems I took a position in defence of privacy in the context of Edward Snowden's revelations on the National Security Agency's (NSA) surveillance programs. This context had already spurred the development of several instruments and enforcement regimes, such as the General Data Protection Regulation (GDPR), adopted in …

The Postmodern Legal Ordering Of The Economy, Ioannis Kampourakis

Indiana Journal of Global Legal Studies

This article purports to show how the postmodern · tenets of particularity, reflexivity, decentralization, and pluralism map on to current legal forms and structures of market regulation. This is the case in the regulatory paradigm of shaping markets ''from within," the aspiration of which is to embed public and social values in the operations of private corporate actors, while expanding private corporate actors' regulatory authority and scope of self-governance. As the state attempts to harness the regulatory potential of the social sphere to impose sanctions for corporate misconduct, the role of the law becomes to facilitate the permeability of private …

Twists & Swirls: Caregiving & Sexualization—Femininity Construct In Gendered Migration From Nigeria To Italy, Christiana Essie Sagay

Indiana Journal of Global Legal Studies

With globalization, interconnectivity, and the possibilities of increased income through wage differentials comes the desirability to migrate for labour. Contrary to early migration theories, women are increasingly migrating for labour independent of male breadwinners. Therefore, "temporary and permanent movements are globalizing, accelerating, diversifying and feminizing." The influence of gender on migration has become so convoluted that culturally and socially constructed roles of masculinity and femininity motivate and inspire migration trends among many women migrating from Nigeria to Italy, creating a sort of gendered social agency. This piece offers an analysis of how social contexts and gendered expectations shape the desires …

But Why Him? A Review Of The Tenth Justice: Judicial Appointments, Marc Nadon, And The Supreme Court Act Reference, By Carissima Mathen And Michael Plaxton, Andrew Flavelle Martin

Dalhousie Law Journal

To the great benefit of the Canadian legal community and the Canadian public, the authors have created an extensive, concise, and highly readable account of the Nadon saga. Anyone unfamiliar with the purported appointment of Justice Nadon to the Supreme Court of Canada, the Reference re Supreme Court Act, ss 5 and 6 (also known as the Nadon Reference), and the aftermath will find this book invaluable. I expect this work will become the definitive and authoritative account of this saga and that it will be indispensable to future scholars.

I begin this review with a brief overview of the …

Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim

Indonesian Journal of International Law

The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development …

Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan

Indonesian Journal of International Law

The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating …

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …

Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc

Indonesian Journal of International Law

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

From The Editor-In-Chief, Liliana A. León Rivera

UC Law SF International Law Review

No abstract provided.