Monthly Archives: February 2012
Access to U.S. Federal Courts as a Forum for Human Rights Disputes: Pluralism and the Alien Tort Claims Act
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 or the U.S. domestic … Continue reading
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
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 European Community (EC). Although such alternative tools cannot substitute for … Continue reading
Back to Government? Reregulating British Railways
Rail privatization in the United Kingdom (U.K.) was a complex affair that involved taking a single industry and breaking it up into distinct parts. It also required separate regimes of statutory regulation to oversee the general operation of the railways, … Continue reading
Fighting Terrorism
Terrorism is the primary national security challenge confronting the United States and will be for many years. We have not been attacked, at home, since 9/11. But that does not mean the threat is fading. There have been twice as … Continue reading
Administrative Procedures and Democracy: The Italian Experience
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, even if the Italian Constitution does … Continue reading
Symposium Introduction: Back to Government? The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts
Given the broad scope of the research and the countless possible examples of an increasingly complex system of governing legal and social phenomena through government and governance, we have tried to prepare a rather simple framework for the analysis. Going … Continue reading
Reframing the Issue: AIDS as a Global Workforce Crisis and the Emerging Role of Multinational Corporations
By discussing the existing global AIDS epidemic, both in terms of the current framework of a human rights crisis, as well as in terms of the proposed framework of a global workforce crisis, this Note seeks to provide a common … Continue reading
“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
Heightened economic incentives and increasingly ineffective legal regimes have combined to create a single-minded monolith of MNCs. These organizations have little incentive to respect human rights and the environment in the wake of their profit grabbing. Consider the list of … Continue reading
The Concept of Statutory Law in EU Perspective
The current meaning of the political concept of law is the result of a long and complex historical evolution. The underlying premise is that law does not always follow the development of democratic values. On the contrary, the political datum … Continue reading
Pluralistic Deficit and Direct Claims to European Constitutional Courts
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 broadly guaranteed to persons or organizations, such as constitutional … Continue reading
Taking Legal Pluralism Seriously: The Alien Tort Claims Act and the Role of International Law Before U.S. Federal Courts
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 general phenomenon linked to … Continue reading
Privatization, Prisons, Democracy, and Human Rights: The Need to Extend the Province of Administrative Law
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 potentially offers a means for … Continue reading
The Language of Higher Education Assessment: Legislative Concerns in a Global Context
In recent years, state and federal legislatures have taken increasingly outspoken stands as guardians of the public interest regarding the costs and benefits of higher education, particularly state-funded higher education. In the 1980s, several states passed legislation requiring educational outcomes … Continue reading
Globalizing What: Education as a Human Right or as a Traded Service?
This article first reviews changes within international law, pointing out the advent of international trade in educational services and noting that negotiations about further liberalization of trade in education are ongoing. Since the majority of countries have not made any … Continue reading
The Globalization of Multicultural Education
Whatever its specific connotations, and there are many, the term “multicultural education” speaks to questions of how school children are taught about their own social identity and the identity of others. As I argue in part one, the logic of … Continue reading
Rallying the Armies or Bridging the Gulf: Questioning the Significance of Faith-Based Educational Initiatives in a Global Age
This article describes the cultural and political context within which one U.S. faith group, the Churches of Christ, operates in public schools in Tanzania. While Churches of Christ does not itself receive funding directly from USAID or the World Bank, … Continue reading