Global Legal Studies Research Articles

Polyjuralism Meets Polyglotism: An LL.B. in Chinese Law and Global Legal Studies in the English Language

AbstractThe omnipresence of change has been singled out as posing an important challenge to law, both in theory and in practice, throughout its history. Arguably, the most efficient method of adapting the law to constant changes is legal education. Recent changes in the global arena have added to the complexity of the expected role of future legal talents, requiring them to acquire not only a profound knowledge of local and global laws but also a variety of legal as well as non-legal skills. This article presents some of the principal challenges faced by law schools and legal education in the world of today. These challenges are then explored using the example of a new Bachelor of Laws (LL.B.) degree programme in Chinese Law and Global Legal Studies in the English Language that will be offered by the Faculty of Law of the University of Macau in Macao, China.

Protecting the Autonomy of Patients with Severe Mental Illness Through Psychiatric Advance Directive Peer-Facilitation

Protecting the Autonomy of Patients with Severe Mental Illness Through Psychiatric Advance Directive Peer-Facilitation

BUDDHISM & POLITICAL THEORY. Matthew J.Moore. New York, NY: Oxford University Press, 2017. 198 pp. US $78.00, hardcover.

Religious Studies ReviewVolume 46, Issue 4 p. 579-580 Short Reviews of Recent Publications: Buddhism BUDDHISM & POLITICAL THEORY. Matthew J. Moore. New York, NY: Oxford University Press, 2017. 198 pp. US $78.00, hardcover. Punsara Amarasinghe, Punsara Amarasinghe Global Legal Studies Center at University of Wisconsin MadisonSearch for more papers by this author Punsara Amarasinghe, Punsara Amarasinghe Global Legal Studies Center at University of Wisconsin MadisonSearch for more papers by this author First published: 09 January 2021 https://doi.org/10.1111/rsr.14915Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume46, Issue4December 2020Pages 579-580 RelatedInformation

Editor's Note

Editor's Note John McMackin As another year draws to a close, and another publishing cycle reaches completion, it is incumbent upon those of us here at the journal to recognize and thank several people. To begin, the Indiana Journal of Global Legal Studies, and all the law journals at the Indiana University Maurer School of Law, could not accomplish everything we aspire to each year without the institutional memory and knowhow of Ms. Rita Eads. She is an essential part of the journal team, and a team member who often goes unnoticed. It is also incumbent upon us to recognize our primary faculty advisor, and founder, Professor Alfred Aman. Professor Aman continues to be the force behind the journal and has seen it through yet another cycle of excellent scholarship and discourse. We are, as ever, indebted to him for his dedication to the Indiana Journal of Global Legal Studies. The editorial staff of the journal has also performed excellent work, both the second year and third year members, allowing us to accelerate our publishing timeline and continue to uphold the long standard of excellence evidenced by our quarter-century worth of predecessors. The dedication of these sixty-one individuals has been palpable throughout this past year and the journal is in good hands as we turn the page to next year's leaders. Incoming Editor-in-Chief Christa Kumming and her team are well positioned to carry on into the second decade of this century and beyond the legacy they have inherited. Finally, it is incumbent upon me, note the pronoun change, to acknowledge certain individuals who facilitated my growth and enabled me to carry out my work as editor-in-chief of the journal. Predictably, these are my loving and dedicated wife, Kaitlyn Jolena McMackin, and my dear parents, Lester and Elizabeth McMackin. The support and example you provide is invaluable. Vade et noli timere tenebras [End Page i] John McMackin Bloomington, Indiana May 2019 Copyright © 2019 Indiana University Maurer School of Law

Trump, Trade, and <em>Trabajo:</em> Renegotiating NAFTA's Labor Accord in a Fraught Political Climate

Trump, Trade, and Trabajo:Renegotiating NAFTA's Labor Accord in a Fraught Political Climate Lance Compa* I. INTRODUCTION Quitting the Trans-Pacific Partnership (TPP) and demanding renegotiation of the North American Free Trade Agreement (NAFTA)—along with its supplemental labor pact, the North American Agreement on Labor Cooperation (NAALC)—were among the first actions of the new U.S. Administration in 2017.1 NAFTA renegotiations concluded—for the time being—in October 2018 with announcement of the United States-Mexico-Canada Agreement (USMCA) to replace NAFTA.2 Controversial proposals on the bargaining table contained important implications for employment, labor rights, and labor standards in North America. This paper reviews the status of negotiations, the risks of losing the first-ever international instrument linking trade and labor standards (despite its flaws), and the options for preserving and strengthening trade-labor linkage in a new agreement. [End Page 263] NAFTA renegotiation is a moving target, hard to hit in a definitive way given the volatility of the U.S. administration. Throughout 2017 and 2018, each week brought new tweets, new twists, and new threats to undo NAFTA.3 Less than three weeks after celebrating the USMCA, President Donald Trump threatened to cancel it if Mexico did not stop migrants from Central America moving toward the U.S. border.4 When Democrats re-took control of the U.S. House of Representatives in the November 2018 mid-term elections, some Democratic party leaders said they would block approval of the new trade agreement unless stronger labor protections were added.5 The version of this paper published in the Indiana Journal of Global Legal Studies will likely be overtaken by later events. But the hope is that even a partial analysis of the renegotiation process can clarify the potential effects on workers and employers in North America and broaden debates about the relationship between trade and labor rights. Following this Introduction, Part II of the paper looks at NAFTA's labor side agreement and the resulting standards and obligations, institutional structure, and complaint mechanism. It also reviews labor rights advocates' use of the complaint system to advance their interests and a sample of cases to convey the strengths and weaknesses of the system. Part III moves to discussion of the current status of negotiations, continued flaws and failures in the three countries' labor law system, and challenges negotiators face in crafting a new labor accord. It also looks at key elements of post-NAFTA trade-labor agreements with other countries to see how they might influence the renegotiation process. Part IV examines how a renegotiated NAALC accord can fix flaws in [End Page 264] the original and add new features to advance workers' rights. Part V argues for the continuing vitality of the labor agreement and reviews key elements of the labor chapter in the new USMCA. II. LOOKING BACK A. Background At its inception in 1994, NAFTA was the first and only trade pact with a labor dimension. The United States, Canada, and Mexico were each other's largest trading partners. From 1989-1992, the administrations of George H.W. Bush, Carlos Salinas, and Brian Mulroney, all pro-business conservatives, put NAFTA together as a strictly commercial agreement without any reference to labor standards. Those three heads of state signed the continental trade agreement in August 1992. The Canadian and Mexican parliaments approved it in short order, but it took more than a year before the U.S. Congress approved it in November 1993, a year of political change and political battle over NAFTA's social dimensions.6 The three leaders signed NAFTA just as the 1992 U.S. presidential race was heating up. Labor, environmental, and human rights organizations pressured candidate Bill Clinton to repudiate the agreement in his campaign for the presidency. Critics charged that the agreement favored multinational corporations and investors at the expense of workers and the environment. At the same time, Clinton's candidacy relied heavily on financial support from important elements of the corporate and investment banking communities that supported the trade agreement. Clinton responded to both pro- and anti-NAFTA forces and opted to support the pact if supplemental accords dealing with labor and the environment...

Martin, Ghana, and Global Legal Studies

Martin, Ghana, and Global Legal Studies

GLOBALIZATION AND THE GROWTH OF EXECUTIVE POWER: AN OLD STORY

Prepared for the annual symposium of the Indiana Journal of Global Legal Studies, Maurer School of Law, March 3-4, 2016. Americans have always worried about an undue concentration of power in the executive branch -- and recently, there is concern that globalization might be aggravating the problem. But the concern is overstated, or at least misstated. Globalization is not a new phenomenon, and most of its effect on executive power was realized decades ago. Today, globalization might actually be corroding executive power, either because it undermines the power of the nation-state, or shifts authority to technocrats. If there is a general tendency toward increased executive power in the twenty-first century, this is more directly attributable to other factors, such as improvements in information technology, intensified electoral competition, and the weakening of legal checks on the accumulation of authority in the executive branch.

Filling the Gaps Between Colonial Legal Heritage and Prevailing Local Customs in Family Relations: the Place of Secret Trust

∗ LLB, LLM, PhD, BL; Senior Lecturer, Department of Private and Property Law, Faculty of Law, University of Lagos, Akoka, Yaba, Lagos. 1 D. Hayton, ‘Developing the Law of Trusts for the Twenty-first Century’ [1990] L.Q.R. 106. Patriarchy is a socio-historical phenomenon of men as a dominant factor in societal power relations. Men in this sense have been found to have the crucial features of being authoritarian, unemotional and distant. These attributes are taken into their functions in the larger society where they are central to political, moral, filial, property authority and ultimately, a claim to superiority. J. Wall ‘Fatherhood, Childism, and the Creation of Society’ 75 (1) Journal of the American Academy of Religion (2007) 52−76; P. Horn ‘Where Is Feminism Now?’ 26 Agenda, Women in Local Government (1995) 26, 71–4; see also M. Humm The Dictionary of Feminist Theory, Prentice Hall, Harvester, Wheatsheaf (1995); M. Htun and S. Weldon ‘State Power, Religion, and Women’s Rights: A Comparative Analysis of Family Law’ 18 (1) Indiana Journal of Global Legal Studies (2011) 145–65; A. Titkow ‘Do Men Have Their Own Glass Ceiling’ 172 Polish Sociological Review (2010) 391. It is noteworthy though, that Tikow’s study found (at least with respect to Poland) that women were their own problem in that men were more likely than women to shift position given certain indices. For some responses to the phenomenon of patriarchy, see for Nigeria, ‘The First National Implementation Plan for NV20: 2020 (2010– 2013)’ (Economic Transformation Blue Print, 1st October Publishing, available at www.1stoctober.com) 10; see further Article 3 of the International Covenant on Economic, Social and Cultural Rights (adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 2 January 1976; Convention on the Elimination of all forms of Discrimination against women, adopted by General Assembly resolution 34/180, entered into force 3 September 1981; Can T.S. 1982 No. 31 ratified by Nigeria 1985. Nigeria further signed the optional protocol in 2000 and ratified it in 2004. However, section 12 of the Nigerian Constitution requires further action for these treaties and covenants to become law in Nigeria, which has not been undertaken. Other relevant responses are: Declaration on the Elimination of Violence against Women adopted by General Assembly resolution 48/104 of 20 December 1993 – see, in particular, the preamble; Article 18(3) of the African Charter on Human and Peoples’ Rights ratified by Nigeria as Cap A9 No.2 Laws of the Federation 2004 and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.

Color Blocking: How the Harmonization of Color Protection May Catalyze Color Depletion in Global Markets

The Qualitex decision in 1995 inspired trademark reformation and harmonization worldwide for the protection of color marks. While protecting color trademarks has not created issues of market entry in domestic markets, the growth in the number of transnational market participants and an increased utilization of non-traditional branding may catalyze color depletion in international trade. After exploring how current advertising expenditure requirements and distinctiveness requirements affect the registrability and protection of a color mark, this Note offers potential global reforms to help minimize hurdles for smallscale transnational participants and the threat of international color depletion. Specifically, due to consumers’ increasing exposure to international brands through e-commerce, courts should give more deference to survey results on Internet platforms to establish distinctiveness in the brand’s relevant customer base. The proposals in this Note will benefit trademark owners and potential transnational market participants by ensuring that consumer confusion is based on actual market practices, which will in turn prevent color depletion by keeping widely used colors in the public domain. Ultimately, by remaining conscious of the facts and issues presented in this Note, attorneys, legislators, and trademark owners can ensure fair market competition and mitigate color depletion from taking place in transnational trade. * Managing Editor, Indiana Journal of Global Legal Studies, Volume 23; J.D. Candidate 2016, Indiana University Maurer School of Law; B.A. 2012, Queen’s University. I would like to thank Professors Mark Janis and Marshall Leaffer for their guidance and contributions during the drafting of this Note. I would also like to express my gratitude toward Kathleen Cullum for her invaluable support and assistance in the revision of this Note. Lastly, I would like to thank my mother for constantly inspiring me to challenge myself in life and in the legal profession, without which this Note would not be possible. This content downloaded from 157.55.39.217 on Tue, 06 Sep 2016 06:01:31 UTC All use subject to http://about.jstor.org/terms 294 INDIANA JOURNAL OF GLOBAL LEGAL STUDIES 23:1

The Aspiring and Globalizing Graduate Law Student: A Comment on the Lazarus-Black and Globokar LL.M. Study

The Aspiring and Globalizing Graduate Law Student: A Comment on the Lazarus-Black and Globokar LL.M. Study Jayanth K. Krishnan (bio) and Vitor M. Dias (bio) Introduction Mindie Lazarus-Black and Julie Globokar have written a research-rich and interesting study on U.S. LL.M. programs and the students who enter them. Their paper focuses on the dynamics of the application process for entering into an LL.M. program by examining “the perspectives and experiences of the administrators who make admissions decisions and the students who seek admission.”1 Lazarus-Black and Globokar build on the work of researchers who have been focusing on these and related issues for some time, including Carole Silver, Yves Dezalay, and Bryant Garth, among others.2 The authors do an excellent job of rigorously analyzing their core subject and [End Page 81] successfully answering the four key questions they set forth in their introduction: Who gets accepted into LL.M. programs? Who does not? Which types of international, national, and local policies and laws must foreign attorneys navigate if they want to study in the United States? What kinds of political, economic, linguistic, and social capital must they demonstrate to gain admission to law school?3 Lazarus-Black and Globokar’s methodology is a nice combination of quantitative and qualitative techniques. The ethnographic research they conducted within two law schools (one located in the Midwest and the other on the East Coast) is particularly interesting. This research involved collecting important interview data from professors, administrators, and LL.M. students themselves. The authors’ study is a valuable contribution for two important reasons. First, it sheds crucial light on law schools’ strategies regarding their foreign graduate law programs. Second, the findings provide a menu of reasons for why foreign applicants wish to pursue an LL.M. degree. There is no doubt that observers who focus on legal education and the legal profession will greatly benefit from Lazarus-Black and Globokar’s thoughtful and insightful work. Given that Lazarus-Black and Globokar’s entire article precedes this Comment in this special issue of the Indiana Journal of Global Legal Studies, we will not summarize either their findings or the other detailed sections they provide. (We encourage readers to study these parts with careful attention.) Rather, and most interestingly for us, we plan to examine here a critical point in their work that relates to the complicated and nuanced issue of motivation—namely, the motivation of foreign applicants who wish to come to the United States to study. Before addressing this point, however, it is important to mention that the authors do discuss the motivations of law schools in seeking to attract LL.M. students. Law schools, for example, often embrace students from abroad who can add international diversity (socioeconomically, linguistically, racially, and ethnically).4 U.S. law schools are also interested in extending their networks abroad; recruitment of international LL.M. students in places of interest is a [End Page 82] good way to accomplish this objective.5 In addition, LL.M. students bring different perspectives to the classroom and offer important intellectual engagement to faculty, staff, and other students.6 And of course, law schools value LL.M. programs for financial support; the tuition paid by foreign LL.M. students is a significant means of revenue for law schools.7 In terms of the motivation of LL.M. students—which is our main interest—Lazarus-Black and Globokar rely on existing literature as well as offer their own set of reasons for what motivates this cohort to pursue this degree. As the authors note, motivation varies “by age, previous education, work experience, and, sometimes, the vicissitudes of legal practice in [the students’] home countries.”8 Still, Lazarus-Black and Globokar are able to find several general patterns that emerge despite these differences. To begin, the applicants see the LL.M. degree as offering an opportunity to enhance their professional career possibilities.9 Some applicants may aspire to work in the United States; others may have better opportunities upon returning home; and still others may hope to engage in cross-border work in multiple jurisdictions.10 Another reason relates to satisfying “personal” situations.11...

Privatizing the Economic Constitution- Can the World Market Reproduce its Own Institutional Prerequisites?

It especially builds on work published in the following articles: Calliess/Mertens, Transnational Corporations, Global Competition Policy, and the Shortcomings of Private International Law, Indiana Journal of Global Legal Studies 18 (2011) 2, p. 843; Calliess/Renner, The Public and the Private Dimensions of Transnational Commercial Law, German Law Journal 10 (2009) 10, p. 1341; Renner, Towards a Hierarchy of Norms in Transnational Law?, Journal of International Arbitration 26 (2009) 4, p. 533.

Collisions of Societal Constitutions: Hierarchical Power Arrangements and Horizontal Effects in the Management of Human Rights Regimes

Societal constitutionalism presents us with alternatives to state-centered constitutional theory. But this alternative does not so much displace as extend conventional constitutional theory as a set of static premises that structure the organization of legitimate governance units. Constitutional theory, in either its conventional or societal forms, engages in both a descriptive and a normative project — the former looking to the incarnation of an abstraction and the later to the development of a set of presumptions and principles through which this incarnation can be judged. Constitutional theory is conventionally applied to states — that is, to those manifestations of organized power constituted by a group of individuals, bounded by a territory, and evidenced by the institution of government. But today a certain measure of disaggregation has managed to manifest a constituting power. Globalization has opened holes in the walls that used to serve to police and protect states and their power authority. Societal aggregations can exist now between borders. Groups of individuals (and not just natural persons) incarnate abstractions of governance and then judge them in ways that are consonant with constitutional theory. These emerging realities have produced societal constitutionalism. But like conventional constitutionalism, societal constitutionalism seeks the comfort of equilibrium and stasis as the basic operating premises of self-constituting governance systems. This paper considers societal constitutionalism in its dynamic element — as a system structures constant adjustment among the constituting elements of a governance unit (whether state, corporation, religion, etc.). After an Introduction, Section I engages in framework setting, focusing on the structures of societal constitutionalism within the logic of globalization. This consideration necessarily frames societies and their constitution from a spatially static and inward looking perspective. That investigation is divided into two parts; first a consideration of societal constitutionalism as a set of parameters for the ordering system of states and non-state actors, and second a brief consideration of the organization of corporate actors within this framework, specifically Apple, Inc. Section II provides an illustration of a societally constituted enterprise operating in three dimensional dynamic governance space. The focus is Apple, Inc.; the context is the enforcement of international human rights norms through the governance activities of Apple Inc. and its supply chain, and the focus are the spaces where systems converge, harmonize and collide; the object is to consider a societally constituted governance unit operating in three dimensional space that is in constant motion, but within which the entity remains stable. Section III then develops the more important characteristics of this new dynamic and permeable constitutional framework. If societies can be understood as subject to certain principles for their inward constitution, to what extent might there be principles that affect the outward expression of inward self-constitution. That consideration requires both an examination of the way in which societally constituted entities may be felt and seen by outsiders, and also the way that expressive communication can have inward affecting consequences. For that purpose, Gunther Teubner’s notions of addiction and chaos and Hans Lindahls notions of spatiality and communication serve as a starting point. The paper concludes where it started — in constitutional theory. It will suggest the need to expand our understanding of constitutional theory beyond incarnation and judgment, to include communication among systems in a complex polycentric constituting universe. It suggests the dynamic consequences of this emerging societal framework of hierarchical power arrangements and horizontal effects for constitutional theory among this amalgam of states and other societally constituted organisms. Final version to be published as “Dynamic Societal Constitutionalism: Transnational corporations’ outward expression of inward self constitution: The enforcement of human rights by Apple, Inc.” in the Indiana Journal of Global Legal Studies.

Teaching and Learning Guide for: Gender and Employment: A Global Lens on Feminist Analyses and Theorizing of Labor Markets

Teaching and Learning Guide for: Gender and Employment: A Global Lens on Feminist Analyses and Theorizing of Labor Markets

Introduction—Operationalizing Global Governance

In past symposia sponsored by the Indiana Journal of Global Legal Studies, participants have worked to identify various developments grouped under the rubric of globalization, examining the increasing interconnectedness across borders in technology, politics, culture, and markets of all kinds. They have analyzed the ways in which these forces have disrupted traditional boundaries between domestic and international and spurred the involvement of a range of actors on the global stage, from supranational institutions to corporations to non-governmental organizations. Through a focus on discrete topics, including administrative law, labor, intellectual property, and even baseball, this work has helped scholars theorize the shift from government to governance. The Journal’s founders, however, in setting out its long range goals, turned their attention not only to the theoretical but also to the immediate. In the introduction to the Journal’s first issue, Fred Aman spoke of the need to develop new international and global institutions, and, at the same time, to focus on the specific domestic legal reforms required to respond to global developments in economic and political life. The goal of this conference, the fourteenth annual symposium of the Journal, is to apply what we have learned about global governance to that project. How does governance really work on the ground as we seek to solve global problems? Conference participants sought to conceptualize global governance not as a theory but as a pat-

Symposium Introduction: Democracy and the Transnational Private Sector

Symposium Introduction: Democracy and the Transnational Private Sector Christiana Ochoa (bio) The old solution, the old way, was to think that public money alone could end [our] problems. But we have learned that is not so. . . ∼ George H.W. Bush1 Each year the Indiana Journal of Global Legal Studies gathers together an interdisciplinary group of scholars to discuss a notable characteristic or salient example of the trend toward increasing globalization. In April 2007, this annual event focused on the intersection of the private and public sectors in relation to democracy. Our common understanding of democracy has historically, if not philosophically, been tied to states. We are accustomed to defining democracy by reference to governments–for instance, by viewing democracy as engendered by the ability of citizens to vote in free and fair elections for representatives of their political will. Even more complex visions of democracy tend to present governments both as the recipients of democratic activity and as the media through which citizens engage with political issues. Democratic governments have therefore enjoyed perceptions of legitimacy (as distinct from righteousness, however) as they have gone about the project of governing–the work of making and enforcing the law, for example, or of providing security, welfare or humanitarian aid. The goal of this symposium is to re-examine our understanding of democracy in light of one particular characteristic of globalization: the emergence of transnational private actors, whose economic and/or political power vis-à-vis governments is shifting, often increasing. The articles that follow explore the activities of these private actors, tracing their growing participation in functions that were once deemed the exclusive domain of states. The question of particular interest to the participants in this symposium is whether these actors influence, displace, or even replace government involvement in activities that we are accustomed [End Page 1] to understanding as state functions, such as policymaking, lawmaking g and law enforcement, and the provision of crucial services. If so, an issue of critical importance arises: the effect of this phenomenon on the substantive norms of democracy, as well as on our current conceptions of and experience with genuine democratic process. Is democracy fundamentally at odds with ascendant private power? Are democratic process and accountability possible through private channels? What effects might emergent non-state power have on the substantive content of democratic norms, and on the content of the law more broadly? These questions are at the heart of the articles that follow. The first group of contributions initiates these inquiries by asking who makes international law. My contribution, The Relationship of Participatory Democracy to Participatory Law Formation, explores the role of individuals in making law, calling this activity “participatory law formation,” and asks what relationship this activity has to concepts of participatory democracy. In Customary Transnational Law: Attacking the Last Resort of State Sovereignty, Till Müller argues that, contrary to standard accounts of customary international law doctrine, private actors necessarily inform the development of modern customary international law, which, as a result, may be better conceived of as “customary transnational law.” The next two articles then identify particular instances of private-party participation in international or transnational lawmaking. Janet Koven Levit, in Bottom-Up Lawmaking: The Private Origins of Transnational Law, uses the example of the Berne Union’s regulation of export credit insurance to illustrate private sector participation in international lawmaking and to examine the normative effects of this participation. Katharyne Mitchell and Katherine Beckett, in Securing the Global City: Crime, Consulting, Risk, and Ratings in the Production of Urban Space, consider other private players in the finance arena–bond-rating agencies and global security firms–and analyze their growing impact on urban social conditions. The second group of contributions to the symposium explores the changing face of economic activity in relation to lawmaking. It begins with Larry Catá Backer’s article on Global Panopticism: States, Corporations, and the Governance Effects of Monitoring Regimes, which analyzes surveillance of financial activities not only as a technique of governance, but as a substitute for governance. Blake Puckett, in The Foreign Corrupt Practices Act, OPIC, and the Retreat from Transparency, addresses ways in which investment projects are being structured to bypass anticorruption regulation...

The Civil, Criminal and Disciplinary Liability of Judges

Journal Article The Civil, Criminal and Disciplinary Liability of Judges Get access John O. Haley John O. Haley *Wiley B. Rutledge Professor of Law and Director, The Whitney R. Harris Institute for Global Legal Studies, Washington University School of Law. The author expresses gratitude to John Reeves, currently a second year law student, for his assistance in collecting data for this report, in particular the survey of cases from 2000 to mid 2005 Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 54, Issue suppl_1, Fall 2006, Pages 281–291, https://doi.org/10.1093/ajcl/54.suppl1.281 Published: 01 October 2006

Report on the Conference: Imperialism, Art and Restitution

March 26–27, 2004, in St. Louis, Missouri, the Washington University School of Law's Whitney R. Harris Institute for Global Legal Studies and the School of Art hosted the Imperialism, Art and Restitution Conference. The conference brought together many of the world's leading experts on art and antiquities law, museum policy, and the larger cultural context surrounding these fields. The conference organizers chose several particularly controversial case studies to generate debate and discussion around the issues of whether Western states and their museums should return major works of art and antiquities, acquired during the Age of Imperialism, to the countries of origin. The case studies included the Elgin/Parthenon Marbles, the Bust of Nefertiti, and objects protected by the Native American Graves Protection and Repatriation Act (NAGPRA). The format produced a lively, interdisciplinary, and sometimes passionate debate that helped crystallize issues and expose complexities but certainly produced no consensus around a simple solution of return or retain.

Japan and Law & Development in Asia: Introduction

On November 5, 2004, a workshop was convened at the University of Wisconsin Law School, under the auspices of the newly-inaugurated Global Legal Studies Initiative, the East Asian Legal Studies Center, and the Institute for Legal Studies. The agenda for the workshop, entitled Japan and Law & Development in Asia, centered on the following three themes: first, the role of law and legal institutions in Japan's economic development experience; second, the possible relevance of Japan's experience as a model for developing countries in Asia today; and third, the Japanese government's recent initiatives in legal technical assistance in various Asian countries.

“Competing Conceptions of Globalization” Revisited: Relocating the Tension between World‐Systems Analysis and Globalization Analysis

Previous articleNext article No Access“Competing Conceptions of Globalization” Revisited: Relocating the Tension between World‐Systems Analysis and Globalization AnalysisThomas ClaytonThomas Clayton Search for more articles by this author PDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Comparative Education Review Volume 48, Number 3August 2004 Sponsored by the Comparative and International Education Society Article DOIhttps://doi.org/10.1086/421180 Views: 243Total views on this site Citations: 28Citations are reported from Crossref © 2004 by the Comparative and International Education Society. 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A country-level trend study of the association between information communication technology and cultural values, Information & Management 55, no.66 (Sep 2018): 725–745.https://doi.org/10.1016/j.im.2018.03.003Holger Daun, Reza Arjmand Islam, Globalizations, and Education, (Jun 2018): 333–355.https://doi.org/10.1007/978-3-319-64683-1_23Ashley Macrander Fractal inequality: A social network analysis of global and regional international student mobility, Research in Comparative and International Education 12, no.22 (Jun 2017): 243–268.https://doi.org/10.1177/1745499917712616Holger Daun, Reza Arjmand Islam, Globalizations, and Education, (Jul 2017): 1–23.https://doi.org/10.1007/978-3-319-53620-0_23-1Ashley Macrander An international solution to a national crisis: Trends in student mobility to the United States post 2008, International Journal of Educational Research 82 (Jan 2017): 1–20.https://doi.org/10.1016/j.ijer.2016.12.003Seth A. 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GATS and the Education Service Industry: The Politics of Scale and Global Reterritorialization

One consequence of the hype around globalization and education and debates on global political actors such as the World Bank, IMF and WTO—is that there has not been sufficient attention paid by education theorists to the development of a rigorous set of analytic categories that might enable us to make sense of the profound changes which now characterize education in the new millennium. 1 This is not a problema confined to education. Writing in the New Left Review, Fredric Jameson observes that debates on globalization have tended to be shaped by “…ideological appropriations— discussions not of the process itself, but of its effects, good or bad: judgements, in other words, totalizing in nature; while functional descriptions tend to isolate particular elements without relating them to each other.” In this paper we start from the position that little or nothing can be explained in terms of the causal powers of globalization; rather we shall be suggesting that globalization is the outcome of processes that involve real actors—economic and political—with real interests. Following Martin Shaw, we also take the view that globalization does not undermine the state but includes the transformation of state forms; “…it is both predicated on and produces such transformations.”3 Examining how these processes of transformation work, however, requires systematic investigation into the organization and strategies of particular actors whose horizons or effects might be described as global.