Indiana Journal of Global Legal Studies articles from June 22 2007

Indiana Journal of Global Legal Studies archives from June 22 2007

The law of society: governance through contract.
June 22, 2007... ABSTRACT This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, "governance by contract" has emerged as the central concept in the context of privatization, domestic and transnational...

Civil society constitutionalism: the power of contract law.
June 22, 2007... ABSTRACT This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken ("VgT"). The judgment is one of a law of contract that interacts with a...

The new public contracting: public versus private ordering?(United Kingdom)
June 22, 2007... ABSTRACT This article explores the hybrid character of contemporary public service organization with specific reference to the emergence in Britain over the last twenty-five years of a novel mode of governance, the "New Public...

Relational contract and the nature of private ordering: a comment on Vincent-Jones.(response to article by Peter Vincent-Jones in this issue, p. 259)(United Kingdom)
June 22, 2007... ABSTRACT This paper focuses on the enormous growth of contract in the public sector over the last twenty years as part of the development of the "new public management." In the United Kingdom, the most penetrating assessment of the...

An administrative law perspective on government social service contracts: outsourcing prison health care in New York City.
June 22, 2007... ABSTRACT This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether. It also...

The role of contracts and networks in public governance: the importance of the "social epistemology" of decision making.
June 22, 2007... ABSTRACT This article addresses the role of public contracts and of public-private networks in relation to the new cognitive infrastructure of postmodern societies and the rise of an experimental rationality. The use of contracts in public...

Consumer protection and social models of continental and Anglo-American contract law and the transnational outlook.
June 22, 2007... ABSTRACT Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions...

Changing contract lenses: unexpected supervening events in English, New Zealand, U.S., Japanese, and international sales law and practice.
June 22, 2007... Abstract This article compares differences in the reasoning underlying contractual relationships between English and New Zealand law and U.S. and Japanese law. It then builds upon an existing framework by adding the notion of didactic...

Molecular federalism and the structures of private lawmaking.
June 22, 2007... Abstract This article explores "molecular federalism." Private lawmakers--ranging from familiar organizations like the American Law Institute and the New York Stock Exchange to less well known ones, like the International Chamber of...

The true lex mercatoria: law beyond the state.
June 22, 2007... Abstract Is there an anational lex mercatoria, a "global law without a state?" The debate seems infinite. Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufficient degree both of...

The making of transnational contract law.
June 22, 2007... Abstract The definition and creation of contract law is entrenched in a common understanding of the strong role of the modern state in the administration of justice. This article argues that this understanding is currently subject to a...

Sexuality and global forces: Dr. Alfred Kinsey and the Supreme Court of the United States.
June 22, 2007... I. Fault Line Of Civilizations? On September 11, 2006, the people of the United States of America paused to remember the events that had happened in New York and Washington five years earlier. Others, in many lands, joined in the...

International commerce and undocumented workers: using trade to secure labor rights.
June 22, 2007... Abstract This article explores the rights of illegal immigrants and undocumented workers throughout the world. International treaties have attempted to deal with the rights of undocumented workers, but few countries have been willing to...