Author Archives: oneditor

The “Global South” is the imagined and real geographic space from which the contributions to this issue of the Indiana Journal of Global Legal Studies draw their inspiration and information. The Global South includes nations in Africa, Central and Latin … Continue reading →

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 commercial relations, and law-and-development projects. Meanwhile, … Continue reading →

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 Contracting.” The New Public Contracting governs an … Continue reading →

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 Commerce and associations of banks—are here envisioned as part … Continue reading →

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 formality to identify another important contrast … Continue reading →

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 autonomy from the state and … Continue reading →

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 reflects a tension between social ideals … Continue reading →

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 law has evolved: it is … Continue reading →

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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 sign on to the treaties. This article … Continue reading →

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 significance of … Continue reading →

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 fundamental transformation as … Continue reading →

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 … Continue reading →

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 argues that the prevailing form and key terms … Continue reading →