Indiana Journal of Global Legal Studies articles from June 2006

Indiana Journal of Global Legal Studies archives from June 2006

Modern condottieri in Iraq: privatizing war from the perspective of international and human rights law.
June 22, 2006... INTRODUCTION The publication in April 2004 of the shocking photos depicting Iraqi prisoners that bad allegedly been abused by U.S. military personnel took world opinion by surprise. The question was raised how this could have happened and...

The forgotten threat: private policing and the state.
June 22, 2006... ABSTRACT What do Disneyland, the Abu Ghraib U.S. military prison, the Mall of America, and the Y-12 nuclear security complex in Oak Ridge, Tennessee have in common? They have wildly different purposes, but they share a common...

Dependency by law: poverty, identity, and welfare privatization.
June 22, 2006... ABSTRACT Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out...

Religious expression and symbolism in the American constitutional tradition: governmental neutrality, but not indifference.
June 22, 2006... ABSTRACT 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....

Secularization, religiosity, and the United States constitution.
June 22, 2006... ABSTRACT This article draws upon leading works in the sociology of religion to assess what I shall call "the secularization claim" regarding the United States. It endeavors, in particular, to clarify the possible meanings of...

Religious exemptions, formal neutrality, and laicite.
June 22, 2006... ABSTRACT Rights to free exercise in the United States are governed by a doctrine of formal neutrality, which seems to resemble the French doctrine of laicite. This resemblance tempts one to conclude that the doctrinal regimes of religious...

Separation of church and state in the United States: lost in translation?
June 22, 2006... ABSTRACT In this article, the absence of an American equivalent to the French word laicite becomes an ethnographic opening to an exploration of the church-state divide in the U.S. context. Drawing on classic social theory, sociological...

Church and state in the United States: competing conceptions and historic changes.
June 22, 2006... ABSTRACT This article, originally written for a French audience, attempts to explain the American law of church and state from the ground up, assuming no background information. Basic legal provisions are explained. The relevant American...

Why religion in politics does not violate la conception Americaine de la laicite.
June 22, 2006... ABSTRACT La conception Americaine de la laicite consists principally of a constitutional norm--the nonestablishment norm--and of the law that the U.S. Supreme Court has developed in the course of enforcing the norm. The nonestablishment...

Laicite in the United States or the separation of church and state in a pluralist society.
June 22, 2006... ABSTRACT American separation of church and state is much more exigent than French laicite, in that it prohibits the state from helping one or all religions in any manner; either in making religious representatives accredited and recognized...

Challenges for private sector conservation: Sanderson's The Future of Conservation in Tierra del Fuego.
June 22, 2006... ABSTRACT To date, global protection of biodiversity has been largely dominated by governmental actors. Ecosystems transcending state boundaries find themselves at the mercy of international agreements, for better or for worse. Steven...

Help for hotspots: NGO participation in the preservation of worldwide biodiversity.(nongovernmental organizations)
June 22, 2006... ABSTRACT This Note explores the role that nongovernmental organizations can and do play in the preservation of global biodiversity hotspots. The hotspot concept developed in the late 1980s alongside the new field of conservation...

Using global themes to reframe the bioprospecting debate.
June 22, 2006... ABSTRACT The objective of this Note is to use global themes and perspectives to aid in reframing the bioprospecting debate. The current state of this debate, its problems, and proposed solutions are reviewed. In looking at the impact of...