Indiana Journal of Global Legal Studies articles from January 2004

Indiana Journal of Global Legal Studies archives from January 2004

The art and science of genetic modification: re-engineering patent law and constitutional orthodoxies.
January 1, 2004... INTRODUCTION I am delighted and honored to inaugurate the Harry T. Ice Chair of Law and to have this opportunity to thank my colleagues for their wonderfully warm welcome to Bloomington. They have created a supremely stimulating and...

Transnational federalism: problems and prospects of allocating public authority beyond the state.
January 1, 2004... INTRODUCTION: THE BACKGROUND Today it is widely accepted that the international system is undergoing rather dramatic changes--changes that have a strong impact on the status and role of the state as the once-sole political entity vested...

Courts and globalization.
January 1, 2004... There is inevitably a problem of terminology. A professor of government once said that federalism "is what political scientists talk about when they talk about federalism," (1) and one could add that globalization is what political scientists...

The political origins of the new constitutionalism.
January 1, 2004... Over the past two decades the world has witnessed an astonishingly rapid transition to what may be called juristocracy. Around the globe, in numerous countries and in several supranational entities, fundamental constitutional reform has...

Federalism through a global lens: a call for deferential judicial review.
January 1, 2004... INTRODUCTION This article examines the effects of judicial review in federalism cases on governmental flexibility and creativity at the national level. It argues that the global era in which we now live and the New Deal of the 1930s and...

The advantages of the civil law judicial design as the model for emerging legal systems.
January 1, 2004... Currently, a number of societies around the world are reforming their legal systems, often upon emerging from years of oppression. Two transatlantic models, the civil law and common law, will have a great influence on these reforms. For one...

From empire to globalization: the New Zealand experience.
January 1, 2004... INTRODUCTION What does nationhood mean, what do national courts do and what effect have the pressures of globalization had on the meaning of nationhood and the role of national courts? I want to bring a small commonwealth country...

From empire to globalization ... and back? A post-colonial view of transjudicialism.
January 1, 2004... From Empire to Globalization: The New Zealand Experience presents a picture of a government at a fascinating historical moment--achieving full status as an independent sovereign, ridding itself of the last vestiges of colonialism, just as the...