Indiana Journal of Global Legal Studies articles from June 2005

Indiana Journal of Global Legal Studies archives from June 2005

Fighting terrorism.(Transcript)
June 22, 2005... It is my pleasure to be with you today. I want to share some thoughts on the work of the 9/11 Commission and how we can pursue a more effective counterterrorism strategy. Terrorism is the primary national security challenge confronting the...

The treaty establishing a constitution for Europe and the democratic legitimacy of the European Union.
June 22, 2005... On May 1, 2004, ten new Member States, most of them from Eastern and Central Europe, joined the European Union (EU). This fifth enlargement, the most important undertaken thus far in the history of the EU, closed the book on the small Europe,...

Back to government? The pluralistic deficit in the decisionmaking processes and before the courts.
June 22, 2005... "Yesterday, law was such an easy game to play...." In periods of transition, it is common for lawyers to be asked, in light of an allegedly overriding reality, to critically revisit the table of contents or categories of their discipline....

American constitutional fantasies: escape from difference through escape from government.
June 22, 2005... One of the delights of comparative legal work is coming to understand the way that different legal traditions offer quite different answers to the same questions. Perhaps an even greater joy is discovering that not only do different legal...

Back to government? Reregulating British railways.
June 22, 2005... INTRODUCTION This article examines questions of constitutional accountability arising from the privatization of British Rail in the mid-1990s, but I would like to declare a personal interest in this issue at the outset since the manifest...

Bioethics and law: between values and rules.
June 22, 2005... INTRODUCTION The scientific progress of the last thirty years has opened up new doors in many different fields, such as reproduction (for example, in vitro fertilization and cloning), organ transplants, sexuality, and others. This...

Comment: autonomy and the public-private distinction in bioethics and law.(response to article by Cinzia Piciocchi in this issue, p. 471)
June 22, 2005... In American law school classrooms, we have a phenomenon that I expect you experience here in Italy as well. The professor asks a question and the student attempts to avoid answering the question by challenging or seeking to shift the underlying...

The concept of statutory law in EU perspective.
June 22, 2005... I. THE HISTORICAL--POLITICAL MEANING OF LAW IN THE CONSTITUTIONAL TRADITION OF CONTINENTAL EUROPE A. From Liberal State to the 1930s The current meaning of the political concept of law is the result of a long and complex historical...

Privatization, prisons, democracy, and human rights: the need to extend the province of administrative law.
June 22, 2005... INTRODUCTION Administrative law has an important role to play when it comes to providing democratic forums for deliberation and decisionmaking on a wide range of issues. In this paper, I will argue that domestic administrative law...

Good administration and administrative procedures.
June 22, 2005... This article examines the relationship between administrative procedures, the duty of giving reasons, and the citizens' participation in relation to the quality of the administrative behavior. I will take into account some national experiences...

Administrative procedures and democracy: the Italian experience.
June 22, 2005... INTRODUCTION The link between participation and democracy is evident: democracy means participation (at least), and participation is ensured by procedures whose goal is to ensure that a "good" decision is made. With regard to democracy,...

Functional participation in EU delegated regulation: lessons from the United States at the EU's "constitutional moment".
June 22, 2005... INTRODUCTION "Delegated regulation," "delegated legislation," "administrative rulemaking," or "regulatory implementation" are well-known phenomena in modern democracies. Given the complexity of contemporary societies and the broad range...

Access to U.S. federal courts as a forum for human rights disputes: pluralism and the Alien Tort Claims Act.
June 22, 2005... INTRODUCTION The contribution of this paper to the conference falls under the category of The United States Experience of the Pluralistic Deficit Before the Courts. Rather than discuss the inclusion of U.S. citizens in the judicial process...

Taking legal pluralism seriously: the Alien Tort Claims Act and the role of international law before U.S. Federal Courts.
June 22, 2005... INTRODUCTION The issue of pluralistic deficit in decisionmaking processes and in the judicial process covers a wide range of questions, relating pluralism to contexts both within and outside the state level. Legal pluralism, in fact, is a...

The functional representation of the individual's interests before the EC courts: the evolution of the remedies system and the pluralistic deficit in the EC.
June 22, 2005... INTRODUCTION Given the democratic deficit affecting Community governance, the representation of the individual's interests through tools that are different from the traditional political ones is particularly necessary and important in the...

Pluralistic deficit and direct claims to European constitutional courts.
June 22, 2005... Pluralistic deficit is connected to the difficulties of representing individual and collective interests. From this perspective, access to European Constitutional Tribunals, particularly in the newest Central and Eastern European countries, is...

Reframing the issue: AIDS as a global workforce crisis and the emerging role of multinational corporations.
June 22, 2005... INTRODUCTION [Another page, another headline.] "Car plant expansion. 1.5 million rand plan." Ja. I'll tell you what that means... more machines, bigger buildings... never any expansion to the pay-packet. Makes me fed-up. I know what I'm...

"The regulatory grass is greener": a comparative analysis of the Alien Tort Claims Act and the European Union's green paper on corporate social responsibility.
June 22, 2005... INTRODUCTION Google.com, the ultramodern measuring stick for social and political currency, lists some 17.6 million results for a search on "globalization." (1) Front pages and op-ed pieces from major international newspapers speak to the...